2023 New York Laws › ENV - Environmental Conservation › Article 52 - Implementation of Environmental Quality Bond Act of 1986 › Title 1 - General Provisions › 52-0111 - Equal Employment Opportunity Program.

§ 52-0111. Equal employment opportunity program.
1.  All  contracts  for  design,  construction, services and materials
  pursuant to this article 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  or  the  office,  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 department  and  the  office  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
  department  or  the  office  may  take  appropriate   action   including
  contractual sanctions for non-compliance to effectuate the provisions of
  this  section  and  shall  be responsible for monitoring compliance with
  this article.