N.Y. Transportation Law § 427: Equal employment opportunity program

§ 427. Equal employment opportunity program. 1. All contracts for

design, construction, services and materials for transportation

infrastructure renewal projects of whatever nature and all documents

soliciting bids or proposals therefor shall contain or make reference to

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 existing programs of affirmative action to ensure that minority

group persons and women are afforded equal opportunity without

discrimination. Such programs shall include, 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 department, the contractor shall request each

employment agency, labor union, or authorized representative of workers

with which it has a collective bargaining or other agreement or

understanding and which is involved in the performance of the contract

with the agency 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 the

performance of the contract with the agency, 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 work in connection with the contract with the agency.

2. The governor shall establish procedures and guidelines to ensure

that contractors and subcontractors undertake programs of affirmative

action and equal employment opportunity 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. The governor may take

appropriate action to effectuate the provisions of this section and

shall be responsible for monitoring compliance with this article.