NY Pub Auth L § 1020-V (2021)
2021 New York Laws PBA - Public Authorities Article 5 - Public Utility Authorities Title 1-A - Long Island Power Authority 1020-V - Equal Employment Opportunity and Minority and Women Owned Business Enterprise Programs.

* §  1020-v. Equal employment opportunity and minority and women owned business enterprise programs. 1.  All  contracts  entered  into  by  the authority  pursuant  to  this title 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  selection  for  training  and  retraining,  including apprenticeship and on-the-job training.  (b) At the request of the authority, 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 authority 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 shall state, in all solicitations or advertisements for  employees  placed  by  or  on  behalf  of  the  contractor  in  the performance  of  the  contract  with  the  authority  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 authority.   2.  The  authority shall establish measures, procedures and guidelines to ensure  that  contractors  and  subcontractors  undertake  meaningful programs  to  employ  and  promote  qualified minority group members and women. Such procedures may require after notice in a  bid  solicitation, the  submission  of  a  minority and women workforce utilization 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  workforce  utilization   program   adopted hereunder.    The  authority  may take appropriate action, including the impositions of sanctions for non-compliance to effectuate the provisions of this section and shall be responsible for monitoring compliance  with this title.   3. In the performance of projects pursuant to this title, minority and women-owned  business  enterprises  shall  be  given the opportunity for meaningful participation. The  authority  shall  establish  quantifiable standards and measures and procedures to secure meaningful participation and  identify  those  contracts and items of work for which minority and women-owned  business  enterprises  may  best  bid   to   actively   and affirmatively  promote and assist their participation in projects, so as to  facilitate  the  award  of  a  fair  share  of  contracts  to   such enterprises;  provided,  however,  that  nothing  in this title shall be construed to limit the ability of the authority to assure that  qualifed minority  and  women-owned  business  enterprises may participate in the  program. 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  or other voting interest is owned by citizens or permanent resident aliens  who  are  Black,  Hispanic,  Asian,  American Indian, Pacific islander, or Alaskan native, and such ownership interest is   real,   substantial   and  continuing  and  has  the  authority  to independently control the day to day business decisions  of  the  entity for  at  least  one year; and women-owned 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  to  other  voting interests of which is owned by citizens or permanent resident aliens who are women, and such  ownership interest  is  real,  substantial and continuing and has the authority to independently control the day to day business decisions  of  the  entity for at least one year.   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  order  to  implement  the  requirements and objectives of this section, the authority shall establish procedures to monitor contractors compliance with  provisions  hereof,  provide  assistance  in  obtaining competing  qualified  minority  and  women-owned business enterprises to perform contracts proposed to be awarded, impose  contractual  sanctions for  non-compliance,  and take other appropriate measures to improve the access  of  minority  and  women-owned  business  enterprises  to  these contracts.   * NB There are 2 § 1020-v's