New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle A - Governor's Office › Chapter I - Executive Orders › Part 4 - Executive Orders (Mario M. Cuomo) › Section 4.96 - Executive order no. 96: promoting a new york state policy against age discrimination in the workplace

Current through Register Vol. 46, No. 28, July 10, 2024
WHEREAS, Age discrimination in the workplace defeats career
					 expectations and lowers morale;
WHEREAS, The direct human and financial costs of age
					 discrimination are considerable, and to the extend such discrimination is not
					 confronted, it threatens the achievement of a vigorous affirmative action
					 policy for other protected classes;
WHEREAS, Every State employee is entitled to work in an
					 age-neutral environment with equal opportunity for hiring, promotion and
					 retraining opportunities;
WHEREAS, Creation of a supportive work environment for
					 employees of all ages demands more than passive observance of the letter of the
					 laws prohibiting age discrimination, and requires a conscious and active
					 dedication on the part of State leadership to confront and eradicate subtle but
					 pervasive ageism; and
WHEREAS, Approximately 43 percent of the State governmental
					 work force is 40 years and older:
NOW, THEREFORE, I, Mario M. Cuomo, Governor of the State of
					 New York, by virtue of the authority vested in me by the Constitution and laws
					 of the State of New York, do hereby order as follows:
I. Duties and Responsibilities of the
				  Executive Branch.
The head of each department, agency, board, commission or
					 other entity under the jurisdiction of the Executive Branch shall:
(a) Issue a policy statement defining and
				  prohibiting age discrimination in the workplace. Such statement shall inform
				  all employees that age discrimination violates State and Federal laws, and
				  shall declare that all decisions with regard to hiring, retention, job
				  appointments, promotions, training opportunities, recruitment and compensation
				  shall be made without regard to an employee's age unless otherwise provided by
				  law. Further, such statement shall address such discrimination as may be
				  manifested in conduct, language and indirectly expressed preferences for
				  younger workers, thereby affecting the work environment, the image and
				  self-image of older workers.
(b)
				  Disseminate such policy statement by providing it to all employees, by
				  including the policy statement in orientation programs provided for new
				  employees and by publishing the policy statement in internal agency
				  publications.
(c) Examine the age
				  distribution of the work force within the agency to facilitate compliance with
				  State and Federal law and the achievement of a nondiscriminatory work
				  environment.
(d) Conduct
				  appropriate training with regard to attitudes and behavior typically found in
				  the workplace which negatively affect older workers.
(e) Inform all employees of their rights of
				  redress and the availability of compliant resolution mechanisms. Affirmative
				  action administrators in each entity covered by this Executive Order shall have
				  responsibility within the agency for processing complaints.
(f) Provide the Director of the State Office
				  for the Aging, for distribution to the President of the Civil Service
				  Commission, the Commissioner of the Division of Human Rights and the Director
				  of the Governor's Office of Employee Relations, a copy of the policy statement
				  with a brief description of actions taken and planned with regard to preventing
				  and combating age discrimination in the workplace.