§ 52-0111 — Equal employment opportunity program

New York § 52-0111

• Jurisdiction: New York
• Law ENV: Environmental Conservation
• Title 1: General Provisions
• Art. 52: Implementation of Environmental Quality Bond Act of 1986

Text

§ 52-0111. Equal employment opportunity program.\n 1. All contracts for design, construction, services and materials\npursuant to this article of whatever nature and all documents soliciting\nbids or proposals therefor shall contain or make reference to the\nfollowing provisions:\n a. The contractor will not discriminate against employees or\napplicants for employment because of race, creed, color, national\norigin, sex, age, disability, or marital status, and will undertake or\ncontinue existing programs of affirmative action to ensure that minority\ngroup persons and women are afforded equal opportunity without\ndiscrimination. Such programs shall include, but not be limited to,\nrecruitment, employment, job assignment, promotion, upgrading, demotion,\ntransfer, layoff, termination, rates of pay or other forms of\ncompensation, and selections for training or retraining, including\napprenticeship and on-the-job training.\n b. At the request of the department or the office, the contractor\nshall request each employment agency, labor union, or authorized\nrepresentative of workers with which it has a collective bargaining or\nother agreement or understanding and which is involved in the\nperformance of the contract with the agency to furnish a written\nstatement that such employment agency, labor union or representative\nshall not discriminate because of race, creed, color, national origin,\nsex, age, disability or marital status and that such union or\nrepresentative will cooperate in the implementation of the contractor's\nobligations hereunder.\n c. The contractor will state, in all solicitations or advertisements\nfor employees placed by or on behalf of the contractor in the\nperformance of the contract with the agency, that all qualified\napplicants will be afforded equal employment opportunity without\ndiscrimination because of race, creed, color, national origin, sex, age,\ndisability or marital status.\n d. The contractor will include the provisions of paragraphs a through\nc of this subdivision in every subcontract or purchase order in such a\nmanner that such provisions will be binding upon each subcontractor or\nvendor as to its work in connection with the contract with the agency.\n 2. The department and the office shall establish procedures and\nguidelines to ensure that contractors and subcontractors undertake\nprograms of affirmative action and equal employment opportunity as\nrequired by this section. Such procedures may require after notice in a\nbid solicitation, the submission of an affirmative action program prior\nto the award of any contract, or at any time thereafter, and may require\nthe submission of compliance reports relating to the operation and\nimplementation of any affirmative action program adopted hereunder. The\ndepartment or the office may take appropriate action including\ncontractual sanctions for non-compliance to effectuate the provisions of\nthis section and shall be responsible for monitoring compliance with\nthis article.\n