2023 New York Laws › TRA - Transportation › Article 17 - Implementation of the Rebuild New York Through Transportation Infrastructure Renewal Bond Act of 1983 › 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.