N.Y. Public Authorities Law § 2050-v: Affirmative action

§ 2050-v. Affirmative action. 1. Any contracts entered into pursuant

to this title shall contain the following provisions:

(a) The contractor will not discriminate against employees or

applicants for employment because of race, creed, color, national

origin, sex, age, disability, or marital status, and will undertake or

continue programs of affirmative action to insure that minority group

persons and women are afforded equal employment opportunity without

discrimination. Such action shall be taken with reference, but not be

limited to recruitment, employment, job assignment, promotion,

upgrading, demotion, transfer, layoff, termination, rates of pay or

other forms of compensation, and selections for training or retraining,

including apprenticeship and on-the-job training.

(b) At the request of the agency, the contractor shall request each

employment agency, labor union, or authorized representative of workers

with which he has a collective bargaining or other agreement or

understanding, to furnish a written statement that such employment

agency, labor union or representative shall not discriminate because of

race, creed, color, national origin, sex, age, disability or marital

status and that such union or representative will cooperate in the

implementation of the contractor's obligations hereunder.

(c) The contractor will state, in all solicitations or advertisements

for employees placed by or on behalf of the contractor, in performance

of the contract that all qualified applicants will be afforded equal

employment opportunity without discrimination because of race, creed,

color, national origin, sex, age, disability or marital status.

(d) The contractor will include the provisions of paragraphs (a)

through (c) of this subdivision in every subcontract or purchase order

in such a manner that such provisions will be binding upon each

subcontractor or vendor as to its working connection with a contract.

2. The agency shall establish procedures and guidelines to ensure that

contractors and subcontractors undertake programs of affirmative action

as required by this section. Such procedures may require, after notice

in a bid solicitation, the submission of an affirmative action program

prior to the award of any contract, or at any time thereafter, and may

require the submission of compliance reports relating to the operation

and implementation of any affirmative action program adopted hereunder.

Such procedures and guidelines shall be consistent with the guidelines

promulgated by the office of federal contract compliance programs of the

United States department of labor pursuant to presidential executive

order eleven thousand two hundred forty-six, as amended, and any state

statutory or regulatory requirements. The agency shall, in the

promulgation of procedures and guidelines pursuant to this section,

cooperate with any federal, state or local agency established for the

purpose of implementing affirmative action compliance programs.

3. The agency in awarding contracts for design, construction, services

or materials, shall seek meaningful participation in the performance of

contracts by minority business enterprises and shall establish measures

and procedures to identify those contracts and items of work for which

minority business enterprises may best bid to actively and affirmatively

promote and assist their participation so as to facilitate the award of

a fair share of contracts to such enterprises. For purposes hereof,

"minority business enterprise" shall mean any business enterprise which

is at least fifty-one per centum owned by, or in the case of a publicly

owned business, at least fifty-one per centum of the stock of which is

owned by citizens or permanent resident noncitizens who are Black,

Hispanic, Asian, American Indian or women, and such ownership interest

is real, substantial and continuing. The provisions of this subdivision

shall not be construed to limit the ability of any minority business

enterprise to bid on any contract.

4. In the implementation of subdivisions one and two of this section,

the agency shall consider compliance by any contractor with the

requirements of any federal, state or local law concerning equal

employment opportunity, which may effectuate the requirements of this

section. If the agency determines that by virtue of the imposition of

the requirements of any such law, in respect to contracts affected by

this section, that the provisions thereof duplicate or conflict with

such law, the agency shall waive the applicability of this section to

the extent of such duplication or conflict.

5. In order to implement the requirements and objectives of this

section, the agency shall be responsible for monitoring the contractors'

compliance with the provisions hereof, for advising contractors on the

availability of competing qualified minority business enterprises to

perform contracts proposed to be awarded and for making recommendations

to contractors to improve the access of minority business enterprises to

such contracts.

6. Nothing in this section shall be construed to impair the ability of

the agency to enter into contracts in accordance with the provisions of

the general municipal law.