New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle I - Office of Parks, Recreation and Historic Preservation › Chapter IV - Environmental Assistance Programs › Subchapter B - Environmental Quality Bond Act of 1986 › Part 435 - General Provisions › Section 435.5 - Affirmative action and equal employment opportunity program

Current through Register Vol. 46, No. 28, July 10, 2024
Each grant recipient under this Subchapter shall be
						responsible for carrying out or for causing to be carried out a program for
						providing affirmative action and equal employment opportunity as described in
						this section. This section shall be applicable to grants awarded prior to June
						1, 1989. For grants awarded after June 1, 1989, the provisions of article 15-A
						of the Executive Law, Participation by Minority Group Members and Women with
						Respect to State Contracts, shall apply.
(a) The office may direct each grant
					 recipient to submit for approval either an affirmative action policy statement
					 or an affirmative action plan as a condition for grant assistance. The plan or
					 policy statement will be required with respect to employees of the grant
					 recipient who will be providing design, construction and other services on the
					 project.
(b) The grant recipient
					 shall include and require that all contracts pursuant to this Subchapter and
					 all documents soliciting bids or proposals therefor shall contain or make
					 reference to the following provisions:
(1)
					 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 or retraining, including
					 apprenticeship and on-the-job training.
(2) At the request of the office or the grant
					 recipient 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 grant recipient 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.
(3) 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 grant recipient, 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.
(4)
					 The contractor will include the provisions of paragraphs (1) through (3) 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 grant recipient.