New York Codes, Rules and Regulations › Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT › Chapter XIV - Division of Minority and Women's Business Development › Part 143 - Work Force Diversity Requirements And Procedures Regarding Equal Employment Opportunities For Minority Group Members And Women On State Contracts › Section 143.4 - Contractor work force diversity compliance

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Contracting agencies shall be responsible
				for monitoring a contractor's compliance with the requirements of this
				Part.
(b) In addition to general
				monitoring of contract performance, contracting agencies shall be responsible
				for conducting in-depth compliance reviews on selected State contracts during
				the course of the year. In addition, the number of compliance reviews a
				contracting agency shall conduct will be established in the agency's approved
				master goal plan and may be based upon such factors as the number and type of
				contracts the State agency awards annually.
(c) In determining which contracts should be
				subject to an in-depth compliance review, a contracting agency shall, in part,
				base its determination on the results of its comparison of the ratios of women
				and minority group members in a contractor's work force to the relevant
				availability and expected levels of participation of minority group members and
				women on State contracts.
(d) A
				contracting agency shall notify the contractor in writing of the State agency's
				intent to conduct a compliance review ten (10) days prior to commencing the
				review. The contractor shall submit and/or have available for inspection at the
				time of the review books, records, payroll records, and other relevant
				documentation of the contractor's employment of minority group members and
				women on a specific State contract for the period to be reviewed.
(e) If the contractor fails to provide the
				information requested by the State agency within ten (10) days of the request,
				such failure shall be deemed a material breach of contract and subject to an
				administrative hearing pursuant to Section
				143.6 of these regulations or any
				other relief to which the State agency is entitled.
(f) A contracting agency shall review such
				documentation thoroughly to determine whether the contractor made conscientious
				and active efforts to employ and utilize minority group members and women on
				the State contract. In making its determination, the contracting agency shall
				evaluate the contractor's efforts based upon consideration of the following
				factors:
(1) whether the contractor
				established and maintained a current list of recruitment sources for minority
				group members and women, and whether the contractor provided written
				notification to such recruitment sources that the contractor had employment
				opportunities at the time such opportunities became available;
(2) whether the contractor sent letters to
				recruiting sources, labor unions, or authorized representatives of workers with
				which the contractor has a collective bargaining or other agreement or
				understanding requesting their assistance in locating minority group members
				and women for employment;
(3)
				whether the contractor disseminated its equal employment opportunity policy by
				including it in any advertising in the news media and, in particular, minority
				and women news media;
(4) whether
				the contractor notified other contractors and subcontractors with whom it does
				or anticipated doing business to discuss the contractor's equal employment
				opportunity policy;
(5) whether
				internal procedures exist for, at minimum, annual dissemination of the
				contractor's equal employment opportunity policy to employees, specifically to
				employees having any responsibility for hiring, assignment, layoff,
				termination, or other employment decisions;
(6) whether the contractor encourages and
				utilizes minority group members and women employees to assist in recruiting
				other employees; and
(7) whether
				the contractor has apprentice training programs approved by the New York State
				Department of Labor which provide for training and hiring of minority group
				members and women.