§ 1020-V — Equal employment opportunity and minority and women owned business enterprise programs

New York § 1020-V

• Jurisdiction: New York
• Law PBA: Public Authorities
• Title 1-A: Long Island Power Authority
• Art. 5: Public Utility Authorities

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* § 1020-v. Equal employment opportunity and minority and women owned\nbusiness enterprise programs. 1. All contracts entered into by the\nauthority pursuant to this title of whatever nature and all documents\nsoliciting bids or proposals therefor shall contain or make reference to\nthe following 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 selection for training and retraining, including\napprenticeship and on-the-job training.\n (b) At the request of the authority, the contractor shall request each\nemployment agency, labor union, or authorized representative of workers\nwith which it has a collective bargaining or other agreement or\nunderstanding and which is involved in the performance of the contract\nwith the authority to furnish a written statement that such employment\nagency, labor union or representative shall not discriminate because of\nrace, creed, color, national origin, sex, age, disability or marital\nstatus and that such union or representative will cooperate in the\nimplementation of the contractor's obligations hereunder.\n (c) The contractor shall state, in all solicitations or advertisements\nfor employees placed by or on behalf of the contractor in the\nperformance of the contract with the authority 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)\nthrough (c) of this subdivision in every subcontract or purchase order\nin such a manner that such provisions will be binding upon each\nsubcontractor or vendor as to its work in connection with the contract\nwith the authority.\n 2. The authority shall establish measures, procedures and guidelines\nto ensure that contractors and subcontractors undertake meaningful\nprograms to employ and promote qualified minority group members and\nwomen. Such procedures may require after notice in a bid solicitation,\nthe submission of a minority and women workforce utilization program\nprior to the award of any contract, or at any time thereafter, and may\nrequire the submission of compliance reports relating to the operation\nand implementation of any workforce utilization program adopted\nhereunder. The authority may take appropriate action, including the\nimpositions of sanctions for non-compliance to effectuate the provisions\nof this section and shall be responsible for monitoring compliance with\nthis title.\n 3. In the performance of projects pursuant to this title, minority and\nwomen-owned business enterprises shall be given the opportunity for\nmeaningful participation. The authority shall establish quantifiable\nstandards and measures and procedures to secure meaningful participation\nand identify those contracts and items of work for which minority and\nwomen-owned business enterprises may best bid to actively and\naffirmatively promote and assist their participation in projects, so as\nto facilitate the award of a fair share of contracts to such\nenterprises; provided, however, that nothing in this title shall be\nconstrued to limit the ability of the authority to assure that qualified\nminority and women-owned business enterprises may participate in the\nprogram. For purposes hereof, minority business enterprise shall mean\nany business enterprise which is at least fifty-one per centum owned by,\nor in the case of a publicly owned business, at least fifty-one per\ncentum of the stock or other voting interest is owned by citizens or\npermanent resident noncitizens who are Black, Hispanic, Asian, American\nIndian, Pacific islander, or Alaskan native, and such ownership interest\nis real, substantial and continuing and has the authority to\nindependently control the day to day business decisions of the entity\nfor at least one year; and women-owned business enterprise shall mean\nany business enterprise which is at least fifty-one per centum owned by,\nor in the case of a publicly owned business, at least fifty-one per\ncentum of the stock to other voting interests of which is owned by\ncitizens or permanent resident noncitizens who are women, and such\nownership interest is real, substantial and continuing and has the\nauthority to independently control the day to day business decisions of\nthe entity for at least one year.\n The provisions of this subdivision shall not be construed to limit the\nability of any minority business enterprise to bid on any contract.\n 4. In order to implement the requirements and objectives of this\nsection, the authority shall establish procedures to monitor contractors\ncompliance with provisions hereof, provide assistance in obtaining\ncompeting qualified minority and women-owned business enterprises to\nperform contracts proposed to be awarded, impose contractual sanctions\nfor non-compliance, and take other appropriate measures to improve the\naccess of minority and women-owned business enterprises to these\ncontracts.\n * NB There are 2 § 1020-v's\n