2010 New York Code
EXC - Executive
Article 15-A - (310 - 318) PARTICIPATION BY MINORITY GROUP MEMBERS AND WOMEN WITH RESPECT TO STATE CONTRACTS
312 - Equal employment opportunities for minority group members and women.

* § 312. Equal employment opportunities for minority group members and
  women.  1.  All  state  contracts  and  all documents soliciting bids or
  proposals for state contracts shall contain or  make  reference  to  the
  following provisions:
    (a)   The  contractor  will  not  discriminate  against  employees  or
  applicants for  employment  because  of  race,  creed,  color,  national
  origin,  sex,  age,  disability or marital status, and will undertake or
  continue existing programs of affirmative action to ensure that minority
  group members and women  are  afforded  equal  employment  opportunities
  without  discrimination. For purposes of this article affirmative action
  shall  mean  recruitment,   employment,   job   assignment,   promotion,
  upgradings,  demotion, transfer, layoff, or termination and rates of pay
  or other forms of compensation.
    (b) At the request of the contracting  agency,  the  contractor  shall
  request   each   employment   agency,   labor   union,   or   authorized
  representative of workers with which it has a collective  bargaining  or
  other  agreement  or  understanding, to furnish a written statement that
  such  employment  agency,  labor  union  or  representative   will   not
  discriminate  on  the basis of race, creed, color, national origin, sex,
  age, disability or marital status and that such union or  representative
  will  affirmatively  cooperate in the implementation of the contractor's
  obligations herein.
    (c) The contractor shall state, in all solicitations or advertisements
  for employees, that, in the  performance  of  the  state  contract,  all
  qualified  applicants  will  be  afforded equal employment opportunities
  without discrimination because of race, creed, color,  national  origin,
  sex, age, disability or marital status.
    2.  The  contractor  will include the provisions of subdivision one of
  this section in every subcontract, except as provided in subdivision six
  of this section, in such a manner that the provisions  will  be  binding
  upon  each  subcontractor  as  to  work  in  connection  with  the state
  contract.
    3.  The  provisions  of  this  section  shall  not  be  binding   upon
  contractors  or  subcontractors  in  the  performance  of  work  or  the
  provision of services or any other activity that are unrelated, separate
  or distinct from the state contract as expressed by its terms.
    4. In the implementation of this section, the contracting agency shall
  consider  compliance  by  a  contractor  or   subcontractor   with   the
  requirements  of any federal law concerning equal employment opportunity
  which effectuates the purpose of this section.  The  contracting  agency
  shall  determine  whether  the  imposition  of  the  requirements of the
  provisions hereof duplicate or conflict with any such law  and  if  such
  duplication  or  conflict exists, the contracting agency shall waive the
  applicability of this section to  the  extent  of  such  duplication  or
  conflict.
    5.  The director shall promulgate rules and regulations to ensure that
  contractors and subcontractors undertake programs of affirmative  action
  and equal employment opportunity as required by this section. Such rules
  and  regulations  as  they  pertain  to  any  particular agency shall be
  developed after consultation with contracting agencies. Such  rules  and
  regulations   may   require   a   contractor,  after  notice  in  a  bid
  solicitation, to submit an equal employment  opportunity  program  after
  bid  opening and prior to the award of any contract, and may require the
  contractor or subcontractor to submit compliance reports relating to the
  contractor's or subcontractor's  operation  and  implementation  of  any
  equal  employment  opportunity  program  in  effect  as  of the date the
  contract is executed.  The  contracting  agency  may  recommend  to  the
  director  that  the  director  take  appropriate action according to the

procedures set forth in section three hundred sixteen  of  this  article
  against  the  contractor for noncompliance with the requirements of this
  section. The contracting agency  shall  be  responsible  for  monitoring
  compliance with this section.
    6.  The requirements of this section shall not apply to any employment
  outside this state or application for employment outside this  state  or
  solicitations  or  advertisements  therefor, or any existing programs of
  affirmative action regarding  employment  outside  this  state  and  the
  effect  of  contract  provisions  required  by  subdivision  one of this
  section shall be so limited.
    * NB Expires December 31, 2016