New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle A - Governor's Office › Chapter I - Executive Orders › Part 1 - Executive Orders (Nelson A. Rockefeller) › Section 1.4 - Executive Order No. 4: Governor's 1960 code of fair practices

Current through Register Vol. 46, No. 28, July 10, 2024
PREAMBLE.
Our spiritual heritage proclaims
					 the supreme worth of the individual and the equality of opportunity for each
					 individual to pursue self-realization. This American passion for justice and
					 equality in freedom not only stirred us to life as a nation, but has continued
					 to serve as our national purpose.
Our capacity as a people to express this heritage, to give
					 it newer and broader meaning and application, is again being tested today-in
					 our nation and in the world. It is only the fullest expression of this heritage
					 that can give meaning to our way of life.
The State of New York has been a leader in the furtherance
					 of individual worth, justice, equality and freedom. It has been in the
					 forefront in the elimination of discrimination based on race, color, creed or
					 national origin, but it is imperative that our cooperative efforts be
					 strengthened and sustained to further this noble cause.
In pursuit of the State's basic policy against
					 discrimination, the following Code of Fair Practices shall obtain throughout
					 the Executive Branch of State Government:
Article I
APPOINTMENT, ASSIGNMENT AND PROMOTION OF STATE
					 PERSONNEL
State officials and supervisory employees shall appoint,
					 assign and promote State personnel on the basis of merit and fitness, without
					 regard to race, color, creed, national origin or age. State agencies shall bar
					 from all employment application forms any inquiry expressing any limitation or
					 specification as to race, color, creed, national origin or age, unless it
					 relates to a bona fide occupational qualification.
Article II
STATE ACTION
In performing their service to the public, the agencies of
					 the State shall not discriminate because of race, color, creed, national origin
					 or age, nor shall they authorize the use of State facilities in furtherance of
					 discriminatory practices.
Article III
PUBLIC CONTRACTS
Every State contract for public works or for goods or
					 services shall contain the clauses prescribed by Section 220-e  of the Labor Law
					 barring discrimination on account of race, color, creed or national origin, and
					 such contractual provisions shall be fully and effectively enforced.
Article IV
STATE EMPLOYMENT SERVICES
Any State agencies engaged in employment referral and
					 placement services for private industry or public agencies shall fill all job
					 orders on a non-discriminatory basis, and shall decline any job order carrying
					 a specification or limitation as to race, color, creed, national origin or age,
					 unless it relates to a bona fide occupational qualification. Information
					 concerning employers believed to engage in discriminatory practices shall be
					 referred by State agencies to the State Commission Against Discrimination for
					 investigation and conciliation and, if appropriate, the matter shall then be
					 referred to the Industrial Commissioner or Attorney General for the exercise of
					 their statutory authority to commence proceedings before the State Commission
					 Against Discrimination.
Article V
TRAINING FOR JOB OPPORTUNITIES
All educational and vocational guidance counseling programs
					 and all apprenticeship and on-the-job training programs of the State shall be
					 conducted to encourage the fullest development of interests and aptitudes,
					 without regard to race, color, creed, national origin or age.
Article VI
STATE FINANCIAL ASSISTANCE
In granting State financial assistance, State agencies
					 shall be vigilant to further the State's policy of non-discrimination and shall
					 give appropriate attention to discriminatory practices engaged in by any
					 applicant or recipient.
Article VII
STATE FORMS
All State agencies shall avoid in forms or requests for
					 information any item or inquiry expressing any limitation or specification as
					 to race, color, creed, national origin or age, unless the item or inquiry is
					 expressly required by statute or is required in good faith for a proper purpose
					 and prior notification of its use has been given by the agency to the State
					 Commission Against Discrimination.
Article VIII
STATE LICENSING AND REGULATORY AGENCIES
Where a respondent in a proceeding before the State
					 Commission Against Discrimination is subject to the licensing or regulatory
					 power of another State agency, the State Commission Against Discrimination
					 shall notify the State agency of the pendency of such proceeding. If,
					 thereafter, the respondent is found by the State Commission Against
					 Discrimination, after notice and an opportunity to be heard, to have engaged in
					 a discriminatory practice, the State agency shall be so notified and shall take
					 appropriate action consistent with the exercise of its licensing or regulatory
					 power.
Article IX
COOPERATION WITH THE STATE COMMISSION AGAINST
					 DISCRIMINATION
All State agencies, in accordance with the provisions and
					 intent of the State Constitution and the State's laws against discrimination,
					 shall cooperate fully with the State Commission Against Discrimination and duly
					 comply with its requests and recommendations for effectuating the State's
					 policy against discrimination.
Article X
CONDUCT BY THE STATE'S REPRESENTATIVES
State officials and employees shall be ever mindful of the
					 democratic heritage of the State which abhors any discrimination on the basis
					 of race, color, creed, national origin or age, and shall take all necessary
					 steps to effectuate the provisions and intent of this Code of Fair
					 Practices.
Article XI
PUBLICATION OF CODE OF FAIR PRACTICES
Copies of this code shall be distributed to all State
					 officials and employees and copies shall be posted in conspicuous locations in
					 all State facilities.
Signed: Nelson A. Rockefeller
Dated: July 15, 1960