§ 312 — Equal employment opportunities for minority group members and women

* § 312. Equal employment opportunities for minority group members and\nwomen. 1. All state contracts and all documents soliciting bids or\nproposals for state contracts 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 members and women are afforded equal employment opportunities\nwithout discrimination. For purposes of this article affirmative action\nshall mean recruitment, employment, job assignment, promotion,\nupgradings, demotion, transfer, layoff, or termination and rates of pay\nor other forms of compensation.\n (b) At the request of the contracting agency, the contractor shall\nrequest each employment agency, labor union, or authorized\nrepresentative of workers with which it has a collective bargaining or\nother agreement or understanding, to furnish a written statement that\nsuch employment agency, labor union or representative will not\ndiscriminate on the basis of race, creed, color, national origin, sex,\nage, disability or marital status and that such union or representative\nwill affirmatively cooperate in the implementation of the contractor's\nobligations herein.\n (c) The contractor shall state, in all solicitations or advertisements\nfor employees, that, in the performance of the state contract, all\nqualified applicants will be afforded equal employment opportunities\nwithout discrimination because of race, creed, color, national origin,\nsex, age, disability or marital status.\n 2. The contractor will include the provisions of subdivision one of\nthis section in every subcontract, except as provided in subdivision six\nof this section, in such a manner that the provisions will be binding\nupon each subcontractor as to work in connection with the state\ncontract.\n 3. The provisions of this section shall not be binding upon\ncontractors or subcontractors in the performance of work or the\nprovision of services or any other activity that are unrelated, separate\nor distinct from the state contract as expressed by its terms.\n 4. In the implementation of this section, the contracting agency shall\nconsider compliance by a contractor or subcontractor with the\nrequirements of any federal law concerning equal employment opportunity\nwhich effectuates the purpose of this section. The contracting agency\nshall determine whether the imposition of the requirements of the\nprovisions hereof duplicate or conflict with any such law and if such\nduplication or conflict exists, the contracting agency shall waive the\napplicability of this section to the extent of such duplication or\nconflict.\n 5. The director shall promulgate rules and regulations to ensure that\ncontractors and subcontractors undertake programs of affirmative action\nand equal employment opportunity as required by this section. Such rules\nand regulations as they pertain to any particular agency shall be\ndeveloped after consultation with contracting agencies. Such rules and\nregulations may require a contractor, after notice in a bid\nsolicitation, to submit an equal employment opportunity program after\nbid opening and prior to the award of any contract, and may require the\ncontractor or subcontractor to submit compliance reports relating to the\ncontractor's or subcontractor's operation and implementation of any\nequal employment opportunity program in effect as of the date the\ncontract is executed. The contracting agency may recommend to the\ndirector that the director take appropriate action according to the\nprocedures set forth in section three hundred sixteen of this article\nagainst the contractor for noncompliance with the requirements of this\nsection. The contracting agency shall be responsible for monitoring\ncompliance with this section.\n 6. The requirements of this section shall not apply to any employment\noutside this state or application for employment outside this state or\nsolicitations or advertisements therefor, or any existing programs of\naffirmative action regarding employment outside this state and the\neffect of contract provisions required by subdivision one of this\nsection shall be so limited.\n * NB Repealed July 1, 2028\n