S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9118
 
                           I N  A S S E M B L Y
 
                             January 21, 2020
                                ___________
 
 Introduced  by M. of A. EPSTEIN -- read once and referred to the Commit-
   tee on Governmental Operations
 
 AN ACT to amend the executive law, the legislative law and the judiciary
   law, in relation to establishing goals for participation  by  individ-
   uals  with  disabilities  with  respect  to  state  employment,  state
   contracts, legislative employment and judicial employment

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The executive law is amended by adding a new article 17-c
 to read as follows:
                               ARTICLE 17-C
   PARTICIPATION BY INDIVIDUALS WITH DISABILITIES WITH RESPECT TO STATE
                      EMPLOYMENT AND STATE CONTRACTS
 SECTION 369-AA. DEFINITIONS.
         369-BB. PARTICIPATION  BY  INDIVIDUALS  WITH  DISABILITIES  WITH
                   RESPECT TO STATE EMPLOYMENT.
         369-CC. PARTICIPATION  BY  INDIVIDUALS  WITH  DISABILITIES  WITH
                   RESPECT TO STATE CONTRACTS.
         369-DD. INVITATION TO SELF-IDENTIFY.
         369-EE. REPORT.
   § 369-AA. DEFINITIONS. AS USED IN THIS ARTICLE,  THE  FOLLOWING  TERMS
 SHALL HAVE THE FOLLOWING MEANINGS:
   1.  "COVERED  EMPLOYER" SHALL MEAN A STATE AGENCY, STATE CONTRACTOR OR
 STATE SUBCONTRACTOR;
   2. "DISABILITY" SHALL MEAN:
   (A) WITH RESPECT TO AN INDIVIDUAL:
   (I) A PHYSICAL OR MENTAL IMPAIRMENT THAT SUBSTANTIALLY LIMITS  ONE  OR
 MORE MAJOR LIFE ACTIVITIES OF SUCH INDIVIDUAL;
   (II) A RECORD OF SUCH AN IMPAIRMENT; OR
   (III) BEING REGARDED AS HAVING SUCH AN IMPAIRMENT;
   (B)  AS  USED IN THIS ARTICLE, THE DEFINITION OF "DISABILITY" SHALL BE
 CONSTRUED IN FAVOR OF BROAD COVERAGE  OF  INDIVIDUALS,  TO  THE  MAXIMUM
 EXTENT PERMITTED BY LAW. THE QUESTION OF WHETHER AN INDIVIDUAL MEETS THE
 DEFINITION UNDER THIS ARTICLE SHALL NOT DEMAND EXTENSIVE ANALYSIS;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD14187-01-9

 A. 9118                             2
 
   (C)  AN  IMPAIRMENT  THAT SUBSTANTIALLY LIMITS ONE MAJOR LIFE ACTIVITY
 NEED NOT LIMIT OTHER MAJOR LIFE ACTIVITIES IN ORDER TO BE  CONSIDERED  A
 DISABILITY;
   (D)  AN IMPAIRMENT THAT IS EPISODIC OR IN REMISSION IS A DISABILITY IF
 IT WOULD SUBSTANTIALLY LIMIT A MAJOR LIFE ACTIVITY WHEN ACTIVE;
   3. "MAJOR LIFE ACTIVITIES" SHALL MEAN:
   (A) CARING FOR ONESELF,  PERFORMING  MANUAL  TASKS,  SEEING,  HEARING,
 EATING,  SLEEPING,  WALKING, STANDING, SITTING, REACHING, LIFTING, BEND-
 ING, SPEAKING, BREATHING, LEARNING,  READING,  CONCENTRATING,  THINKING,
 COMMUNICATING, INTERACTING WITH OTHERS, AND WORKING; AND
   (B)  THE  OPERATION  OF  A  MAJOR  BODILY FUNCTION, INCLUDING, BUT NOT
 LIMITED TO, FUNCTIONS OF THE IMMUNE SYSTEM,  SPECIAL  SENSE  ORGANS  AND
 SKIN,  NORMAL  CELL  GROWTH,  DIGESTIVE,  GENITOURINARY, BOWEL, BLADDER,
 NEUROLOGICAL, BRAIN, RESPIRATORY,  CIRCULATORY,  CARDIOVASCULAR,  ENDOC-
 RINE, HEMIC, LYMPHATIC, MUSCULOSKELETAL, AND REPRODUCTIVE FUNCTIONS. THE
 OPERATION  OF A MAJOR BODILY FUNCTION INCLUDES THE OPERATION OF AN INDI-
 VIDUAL ORGAN WITHIN A BODY SYSTEM;
   4. "PHYSICAL OR MENTAL IMPAIRMENT" SHALL MEAN:
   (A) ANY PHYSIOLOGICAL DISORDER, OR CONDITION, COSMETIC  DISFIGUREMENT,
 OR ANATOMICAL LOSS AFFECTING ONE OR MORE BODY SYSTEMS SUCH AS NEUROLOGI-
 CAL,  MUSCULOSKELETAL,  SPECIAL  SENSE  ORGANS,  RESPIRATORY  (INCLUDING
 SPEECH ORGANS), CARDIOVASCULAR, REPRODUCTIVE, DIGESTIVE,  GENITOURINARY,
 IMMUNE, CIRCULATORY, HEMIC, LYMPHATIC, SKIN, AND ENDOCRINE; OR
   (B)  ANY  MENTAL  OR  PSYCHOLOGICAL  DISORDER, SUCH AS AN INTELLECTUAL
 DISABILITY, ORGANIC BRAIN SYNDROME, EMOTIONAL  OR  MENTAL  ILLNESS,  AND
 SPECIFIC LEARNING DISABILITIES;
   5. "STATE AGENCY" SHALL MEAN: (A)(I) ANY STATE DEPARTMENT; OR (II) ANY
 DIVISION,  BOARD, COMMISSION OR BUREAU OF ANY STATE DEPARTMENT; OR (III)
 THE STATE UNIVERSITY OF NEW YORK AND THE CITY UNIVERSITY OF NEW YORK; OR
 (IV) ANY PUBLIC AUTHORITY  OR  PUBLIC  BENEFIT  CORPORATION  ESTABLISHED
 PURSUANT TO STATUTE; AND
   (B) EMPLOYS FIFTY OR MORE EMPLOYEES;
   6.  "STATE  CONTRACT" SHALL MEAN A WRITTEN AGREEMENT OR PURCHASE ORDER
 INSTRUMENT, PROVIDING FOR A TOTAL EXPENDITURE IN EXCESS OF TEN  THOUSAND
 DOLLARS,  WHEREBY  A  CONTRACTING  AGENCY IS COMMITTED TO EXPEND OR DOES
 EXPEND FUNDS IN RETURN FOR LABOR, SERVICES INCLUDING BUT NOT LIMITED  TO
 LEGAL,  FINANCIAL  AND OTHER PROFESSIONAL SERVICES, SUPPLIES, EQUIPMENT,
 MATERIALS, THE ACQUISITION, CONSTRUCTION, DEMOLITION, REPLACEMENT, MAJOR
 REPAIR OR RENOVATION OF REAL PROPERTY AND IMPROVEMENTS  THEREON  OR  ANY
 COMBINATION  OF  THE  FOREGOING,  TO  BE  PERFORMED  FOR, OR RENDERED OR
 FURNISHED TO THE CONTRACTING AGENCY;
   7. "STATE CONTRACTOR" SHALL MEAN ANY PERSON, CORPORATION,  PARTNERSHIP
 OR JOINT VENTURE, UNINCORPORATED ASSOCIATION HOLDING A STATE CONTRACT IN
 EXCESS OF TEN THOUSAND DOLLARS AND EMPLOYS FIFTY OR MORE EMPLOYEES;
   8.  "STATE  SUBCONTRACT"  SHALL  MEAN  A  WRITTEN  AGREEMENT BETWEEN A
 CONTRACTOR AND A SUBCONTRACTOR:
   (A) FOR THE PURCHASE, SALE OR USE OF PERSONAL PROPERTY OR  NONPERSONAL
 SERVICES  (INCLUDING CONSTRUCTION) WHICH, IN WHOLE OR IN PART, IS NECES-
 SARY TO THE PERFORMANCE OF ANY ONE OR MORE STATE CONTRACTS; OR
   (B) UNDER WHICH ANY PORTION OF THE STATE CONTRACTOR'S OBLIGATION UNDER
 ANY ONE OR MORE STATE CONTRACTS IS PERFORMED,  UNDERTAKEN,  OR  ASSUMED;
 AND
   9.  "STATE SUBCONTRACTOR" SHALL MEAN ANY PERSON, CORPORATION, PARTNER-
 SHIP OR  JOINT  VENTURE,  UNINCORPORATED  ASSOCIATION  HOLDING  A  STATE
 SUBCONTRACT  IN EXCESS OF TEN THOUSAND DOLLARS AND EMPLOYS FIFTY OR MORE
 EMPLOYEES.

 A. 9118                             3
 
   § 369-BB. PARTICIPATION BY INDIVIDUALS WITH DISABILITIES WITH  RESPECT
 TO  STATE  EMPLOYMENT.  1.  ALL  STATE  AGENCIES  SHALL NOT DISCRIMINATE
 BECAUSE OF PHYSICAL OR MENTAL  DISABILITY  AND  SHALL  TAKE  AFFIRMATIVE
 ACTION  TO  EMPLOY  AND ADVANCE IN EMPLOYMENT QUALIFIED INDIVIDUALS WITH
 DISABILITIES  AT  ALL LEVELS OF EMPLOYMENT, INCLUDING TAKING AFFIRMATIVE
 ACTION TO ACHIEVE SEVEN PERCENT EMPLOYMENT OF INDIVIDUALS WITH DISABILI-
 TIES WITHIN EACH STATE AGENCY.
   2. (A) EACH STATE AGENCY SHALL ANNUALLY  EVALUATE  ITS  EMPLOYMENT  OF
 INDIVIDUALS WITH DISABILITIES.
   (B)  STATE  AGENCIES  NOT MEETING THE GOAL OF SEVEN PERCENT EMPLOYMENT
 SHALL TAKE STEPS TO DETERMINE WHETHER AND  WHERE  IMPEDIMENTS  TO  EQUAL
 EMPLOYMENT OPPORTUNITY EXIST. WHEN MAKING THIS DETERMINATION, EACH STATE
 AGENCY  SHALL  ASSESS  ITS PERSONNEL PROCESSES, THE EFFECTIVENESS OF ITS
 OUTREACH AND RECRUITMENT EFFORTS, THE RESULTS OF ITS AFFIRMATIVE  ACTION
 EVALUATION, AND ANY OTHER AREAS THAT MIGHT AFFECT ITS SUCCESS IN EMPLOY-
 MENT.
   3.  EACH  STATE  AGENCY  SHALL  DEVELOP  AND  EXECUTE  ACTION-ORIENTED
 PROGRAMS DESIGNED TO CORRECT ANY AREAS IDENTIFIED IN SUBDIVISION TWO  OF
 THIS  SECTION.  THESE ACTION-ORIENTED PROGRAMS MAY INCLUDE THE MODIFICA-
 TION OF PERSONNEL PROCESSES TO ENSURE EQUAL EMPLOYMENT  OPPORTUNITY  FOR
 INDIVIDUALS  WITH  DISABILITIES,  ALTERNATIVE OR ADDITIONAL OUTREACH AND
 RECRUITMENT EFFORTS, AND/OR OTHER ACTIONS DESIGNED TO CORRECT THE  IDEN-
 TIFIED PROBLEM AREAS AND ATTAIN THE ESTABLISHED GOAL.
   4. A STATE AGENCY'S DETERMINATION THAT IT HAS NOT ATTAINED THE EMPLOY-
 MENT  GOAL  ESTABLISHED  IN  SUBDIVISION  ONE  OF  THIS SECTION DOES NOT
 CONSTITUTE EITHER A FINDING OR ADMISSION OF DISCRIMINATION IN  VIOLATION
 OF THIS SECTION.
   5.  THE EMPLOYMENT GOAL ESTABLISHED IN SUBDIVISION ONE OF THIS SECTION
 SHALL NOT BE USED AS A QUOTA OR CEILING THAT  LIMITS  OR  RESTRICTS  THE
 EMPLOYMENT OF INDIVIDUALS WITH DISABILITIES.
   6.  THE  COMMISSIONER  OF  LABOR, IN CONSULTATION WITH THE DIVISION OF
 HUMAN RIGHTS, SHALL PERIODICALLY REVIEW AND UPDATE, AS APPROPRIATE,  THE
 EMPLOYMENT GOAL ESTABLISHED IN SUBDIVISION ONE OF THIS SECTION.
   §  369-CC. PARTICIPATION BY INDIVIDUALS WITH DISABILITIES WITH RESPECT
 TO STATE CONTRACTS. 1. ALL STATE CONTRACTS AND ALL DOCUMENTS  SOLICITING
 BIDS OR PROPOSALS FOR STATE CONTRACTS SHALL CONTAIN OR MAKE REFERENCE TO
 THE  FOLLOWING: ALL STATE CONTRACTORS AND STATE SUBCONTRACTORS SHALL NOT
 DISCRIMINATE BECAUSE OF PHYSICAL OR MENTAL  DISABILITY  AND  SHALL  TAKE
 AFFIRMATIVE  ACTION  TO EMPLOY AND ADVANCE IN EMPLOYMENT QUALIFIED INDI-
 VIDUALS WITH DISABILITIES AT ALL LEVELS OF EMPLOYMENT, INCLUDING  TAKING
 AFFIRMATIVE  ACTION  TO  ACHIEVE SEVEN PERCENT EMPLOYMENT OF INDIVIDUALS
 WITH DISABILITIES WITHIN EACH STATE CONTRACTOR AND STATE SUBCONTRACTOR'S
 WORKFORCE.
   2. STATE CONTRACTORS SHALL INCLUDE THE PROVISIONS OF  SUBDIVISION  ONE
 OF  THIS  SECTION  IN  EVERY  SUBCONTRACT  IN  SUCH  A  MANNER  THAT THE
 PROVISIONS WILL BE BINDING UPON EACH STATE SUBCONTRACTOR AS TO  WORK  IN
 CONNECTION WITH THE STATE CONTRACT.
   3.  THE  PROVISIONS  OF  THIS  SECTION SHALL NOT BE BINDING UPON STATE
 CONTRACTORS OR STATE 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.  THE  COMMISSIONER  OF  GENERAL SERVICES SHALL PROMULGATE RULES AND
 REGULATIONS TO ENSURE THAT STATE CONTRACTORS  AND  STATE  SUBCONTRACTORS
 UNDERTAKE  PROGRAMS  OF AFFIRMATIVE ACTION AND EQUAL EMPLOYMENT OPPORTU-
 NITY AS REQUIRED BY THIS SECTION INCLUDING:

 A. 9118                             4
 
   (A) EACH STATE CONTRACTOR AND STATE SUBCONTRACTOR SHALL ANNUALLY EVAL-
 UATE ITS EMPLOYMENT OF INDIVIDUALS WITH DISABILITIES;
   (B) STATE CONTRACTORS AND STATE SUBCONTRACTORS NOT MEETING THE GOAL OF
 SEVEN PERCENT EMPLOYMENT SHALL TAKE STEPS TO DETERMINE WHETHER AND WHERE
 IMPEDIMENTS  TO  EQUAL  EMPLOYMENT  OPPORTUNITY  EXIST. WHEN MAKING THIS
 DETERMINATION, EACH  STATE  CONTRACTOR  AND  STATE  SUBCONTRACTOR  SHALL
 ASSESS  ITS  PERSONNEL  PROCESSES, THE EFFECTIVENESS OF ITS OUTREACH AND
 RECRUITMENT EFFORTS, THE RESULTS OF ITS AFFIRMATIVE  ACTION  EVALUATION,
 AND ANY OTHER AREAS THAT MIGHT AFFECT ITS SUCCESS IN EMPLOYMENT; AND
   (C)  EACH  STATE  CONTRACTOR AND STATE SUBCONTRACTOR SHALL DEVELOP AND
 EXECUTE ACTION-ORIENTED PROGRAMS DESIGNED TO CORRECT ANY  AREAS  IDENTI-
 FIED  IN  PARAGRAPH  (B)  OF  THIS  SUBDIVISION.  THESE  ACTION-ORIENTED
 PROGRAMS MAY INCLUDE THE MODIFICATION OF PERSONNEL PROCESSES  TO  ENSURE
 EQUAL EMPLOYMENT OPPORTUNITY FOR INDIVIDUALS WITH DISABILITIES, ALTERNA-
 TIVE  OR  ADDITIONAL  OUTREACH  AND  RECRUITMENT  EFFORTS,  AND/OR OTHER
 ACTIONS DESIGNED TO CORRECT THE IDENTIFIED PROBLEM AREAS AND ATTAIN  THE
 ESTABLISHED GOAL.
   5.  A  STATE CONTRACTOR OR STATE SUBCONTRACTOR'S DETERMINATION THAT IT
 HAS NOT ATTAINED THE EMPLOYMENT GOAL ESTABLISHED IN SUBDIVISION  ONE  OF
 THIS  SECTION  DOES  NOT  CONSTITUTE  EITHER  A  FINDING OR ADMISSION OF
 DISCRIMINATION IN VIOLATION OF THIS SECTION.
   6. THE EMPLOYMENT GOAL ESTABLISHED IN SUBDIVISION ONE OF THIS  SECTION
 SHALL  NOT  BE  USED  AS A QUOTA OR CEILING THAT LIMITS OR RESTRICTS THE
 EMPLOYMENT OF INDIVIDUALS WITH DISABILITIES.
   7. THE COMMISSIONER OF LABOR, IN CONSULTATION  WITH  THE  DIVISION  OF
 HUMAN  RIGHTS  AND  COMMISSIONER OF GENERAL SERVICES, SHALL PERIODICALLY
 REVIEW AND UPDATE, AS APPROPRIATE, THE EMPLOYMENT  GOAL  ESTABLISHED  IN
 SUBDIVISION ONE OF THIS SECTION.
   §  369-DD.  INVITATION TO SELF-IDENTIFY. 1. (A) AS PART OF THE COVERED
 EMPLOYER'S AFFIRMATIVE ACTION POLICY, A COVERED  EMPLOYER  SHALL  INVITE
 APPLICANTS TO INFORM THE EMPLOYER WHETHER THE APPLICANT BELIEVES THAT HE
 OR  SHE  IS  AN INDIVIDUAL WITH A DISABILITY AS DEFINED IN SECTION THREE
 HUNDRED SIXTY-NINE-AA OF THIS ARTICLE. THIS INVITATION SHALL BE PROVIDED
 TO EACH APPLICANT WHEN  THE  APPLICANT  APPLIES  OR  IS  CONSIDERED  FOR
 EMPLOYMENT.  THE INVITATION MAY BE INCLUDED WITH THE APPLICATION MATERI-
 ALS FOR A POSITION, BUT SHALL BE SEPARATE FROM THE APPLICATION.
   (B) A COVERED EMPLOYER SHALL INVITE AN APPLICANT TO  SELF-IDENTIFY  AS
 REQUIRED  IN  PARAGRAPH  (A)  OF THIS SUBDIVISION USING THE LANGUAGE AND
 MANNER PRESCRIBED BY THE DEPARTMENT OF LABOR, IN CONSULTATION  WITH  THE
 DIVISION  OF  HUMAN  RIGHTS,  AND PUBLISHED ON THE DEPARTMENT OF LABOR'S
 WEBSITE.
   2. (A) AT ANY TIME AFTER THE  OFFER  OF  EMPLOYMENT,  BUT  BEFORE  THE
 APPLICANT  BEGINS HIS OR HER JOB DUTIES, A COVERED EMPLOYER SHALL INVITE
 THE APPLICANT TO INFORM THE EMPLOYER WHETHER THE APPLICANT BELIEVES THAT
 HE OR SHE IS AN INDIVIDUAL WITH A DISABILITY AS DEFINED IN SECTION THREE
 HUNDRED SIXTY-NINE-AA OF THIS ARTICLE.
   (B) A COVERED EMPLOYER SHALL INVITE AN APPLICANT TO  SELF-IDENTIFY  AS
 REQUIRED  IN  PARAGRAPH  (A)  OF THIS SUBDIVISION USING THE LANGUAGE AND
 MANNER PRESCRIBED BY THE DEPARTMENT OF LABOR, IN CONSULTATION  WITH  THE
 DIVISION  OF  HUMAN  RIGHTS,  AND PUBLISHED ON THE DEPARTMENT OF LABOR'S
 WEBSITE.
   3. A COVERED EMPLOYER SHALL INVITE EACH OF ITS EMPLOYEES TO  VOLUNTAR-
 ILY  INFORM THE EMPLOYER WHETHER THE EMPLOYEE BELIEVES THAT HE OR SHE IS
 AN INDIVIDUAL WITH A DISABILITY AS  DEFINED  IN  SECTION  THREE  HUNDRED
 SIXTY-NINE-AA  OF  THIS  ARTICLE.  THIS INVITATION SHALL BE EXTENDED THE
 FIRST YEAR THE EMPLOYER BECOMES SUBJECT  TO  THE  REQUIREMENTS  OF  THIS

 A. 9118                             5
 
 SECTION  AND  AT FIVE YEAR INTERVALS, THEREAFTER, USING THE LANGUAGE AND
 MANNER PRESCRIBED BY THE DEPARTMENT OF LABOR, IN CONSULTATION  WITH  THE
 DIVISION  OF  HUMAN  RIGHTS,  AND PUBLISHED ON THE DEPARTMENT OF LABOR'S
 WEBSITE.  AT LEAST ONCE DURING THE INTERVENING YEARS BETWEEN THESE INVI-
 TATIONS, THE COVERED EMPLOYER SHALL REMIND ITS EMPLOYEES THAT  THEY  MAY
 VOLUNTARILY UPDATE THEIR DISABILITY STATUS.
   4.  A COVERED EMPLOYER MAY NOT COMPEL OR COERCE AN INDIVIDUAL TO SELF-
 IDENTIFY AS AN INDIVIDUAL WITH A DISABILITY.
   5. A COVERED EMPLOYER SHALL KEEP ALL INFORMATION  ON  SELF-IDENTIFICA-
 TION CONFIDENTIAL, AND SHALL MAINTAIN IT IN A DATA ANALYSIS FILE (RATHER
 THAN IN THE MEDICAL FILES OF INDIVIDUAL EMPLOYEES). THE COVERED EMPLOYER
 SHALL PROVIDE SELF-IDENTIFICATION INFORMATION TO THE DEPARTMENT OF LABOR
 UPON  REQUEST.    SELF-IDENTIFICATION  INFORMATION  MAY  BE USED ONLY IN
 ACCORDANCE WITH THIS ARTICLE.
   6. NOTHING IN THIS SECTION SHALL RELIEVE THE COVERED EMPLOYER  OF  ITS
 OBLIGATION  TO  TAKE AFFIRMATIVE ACTION WITH RESPECT TO THOSE APPLICANTS
 OR EMPLOYEES OF WHOSE DISABILITY THE COVERED EMPLOYER HAS KNOWLEDGE.
   § 369-EE. REPORT. THE COMMISSIONER OF LABOR SHALL PROMULGATE RULES AND
 REGULATIONS REQUIRING EVERY COVERED EMPLOYER TO REPORT, ONE  YEAR  AFTER
 THE  EFFECTIVE  DATE  OF  THIS  ARTICLE  AND ANNUALLY THEREAFTER, TO THE
 DEPARTMENT OF LABOR AND THE LEGISLATURE ON THE REPRESENTATION  OF  INDI-
 VIDUALS  WITH  DISABILITIES  WITHIN  ITS  WORKFORCE  AND  THE RESULTS OF
 ACTION-ORIENTED PLANS TO IMPROVE SUCH REPRESENTATION.
   § 2. The legislative law is amended by adding a  new  section  9-a  to
 read as follows:
   §  9-A. PARTICIPATION BY INDIVIDUALS WITH DISABILITIES WITH RESPECT TO
 LEGISLATIVE EMPLOYMENT. 1. FOR THE PURPOSES OF THIS SECTION, THE FOLLOW-
 ING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   (A) "DISABILITY" SHALL MEAN:
   (I) WITH RESPECT TO AN INDIVIDUAL:
   (1) A PHYSICAL OR MENTAL IMPAIRMENT THAT SUBSTANTIALLY LIMITS  ONE  OR
 MORE MAJOR LIFE ACTIVITIES OF SUCH INDIVIDUAL;
   (2) A RECORD OF SUCH AN IMPAIRMENT; OR
   (3) BEING REGARDED AS HAVING SUCH AN IMPAIRMENT;
   (II)  AS USED IN THIS ARTICLE, THE DEFINITION OF "DISABILITY" SHALL BE
 CONSTRUED IN FAVOR OF BROAD COVERAGE  OF  INDIVIDUALS,  TO  THE  MAXIMUM
 EXTENT PERMITTED BY LAW. THE QUESTION OF WHETHER AN INDIVIDUAL MEETS THE
 DEFINITION UNDER THIS ARTICLE SHOULD NOT DEMAND EXTENSIVE ANALYSIS;
   (III)  AN IMPAIRMENT THAT SUBSTANTIALLY LIMITS ONE MAJOR LIFE ACTIVITY
 NEED NOT LIMIT OTHER MAJOR LIFE ACTIVITIES IN ORDER TO BE  CONSIDERED  A
 DISABILITY;
   (IV) AN IMPAIRMENT THAT IS EPISODIC OR IN REMISSION IS A DISABILITY IF
 IT WOULD SUBSTANTIALLY LIMIT A MAJOR LIFE ACTIVITY WHEN ACTIVE;
   (B)  "JOINT  LEGISLATIVE  EMPLOYER"  SHALL MEAN ANY LEGISLATIVE ENTITY
 WITH FIFTY OR MORE EMPLOYEES INCLUDING BUT NOT  LIMITED  TO  LEGISLATIVE
 COMMISSIONS, COMMITTEES, TASK FORCES (IRRESPECTIVE OF INTENDED OR ACTUAL
 DURATION),  JOINT  LEGISLATIVE  COMMISSIONS,  COUNCILS OR SIMILAR BODIES
 WHOSE MEMBERSHIP IS COMPRISED OF BOTH SENATORS AND ASSEMBLY MEMBERS,  OR
 WHICH  CONSIST  OF COMMISSIONERS, OR THE MAJORITY OF WHOSE MEMBERSHIP IS
 APPOINTED BY ONE OR MORE OF THE FOLLOWING: THE  TEMPORARY  PRESIDENT  OF
 THE  SENATE,  THE  SPEAKER  OF  THE ASSEMBLY, THE MINORITY LEADER OF THE
 SENATE AND/OR THE MINORITY LEADER OF  THE  ASSEMBLY,  AND  OFFICERS  AND
 EMPLOYEES OF THE LEGISLATIVE LIBRARY, LEGISLATIVE HEALTH SERVICE, LEGIS-
 LATIVE MESSENGER SERVICE;
   (C) "LEGISLATIVE EMPLOYEE" SHALL MEAN:
   (I) AN OFFICER OR EMPLOYEE OF THE SENATE;

 A. 9118                             6
 
   (II) AN OFFICER OR EMPLOYEE OF THE ASSEMBLY; OR
   (III) AN OFFICER OR EMPLOYEE OF A JOINT LEGISLATIVE EMPLOYER;
   (D) "MAJOR LIFE ACTIVITIES" SHALL MEAN:
   (I)  CARING  FOR  ONESELF,  PERFORMING  MANUAL TASKS, SEEING, HEARING,
 EATING, SLEEPING, WALKING, STANDING, SITTING, REACHING,  LIFTING,  BEND-
 ING,  SPEAKING,  BREATHING,  LEARNING, READING, CONCENTRATING, THINKING,
 COMMUNICATING, INTERACTING WITH OTHERS, AND WORKING; AND
   (II) THE OPERATION OF A MAJOR  BODILY  FUNCTION,  INCLUDING,  BUT  NOT
 LIMITED  TO,  FUNCTIONS  OF  THE IMMUNE SYSTEM, SPECIAL SENSE ORGANS AND
 SKIN, NORMAL CELL  GROWTH,  DIGESTIVE,  GENITOURINARY,  BOWEL,  BLADDER,
 NEUROLOGICAL,  BRAIN,  RESPIRATORY,  CIRCULATORY, CARDIOVASCULAR, ENDOC-
 RINE, HEMIC, LYMPHATIC, MUSCULOSKELETAL, AND REPRODUCTIVE FUNCTIONS. THE
 OPERATION OF A MAJOR BODILY FUNCTION INCLUDES THE OPERATION OF AN  INDI-
 VIDUAL ORGAN WITHIN A BODY SYSTEM;
   (E) "PHYSICAL OR MENTAL IMPAIRMENT" SHALL MEAN:
   (I)  ANY PHYSIOLOGICAL DISORDER, OR CONDITION, COSMETIC DISFIGUREMENT,
 OR ANATOMICAL LOSS AFFECTING ONE OR MORE BODY SYSTEMS SUCH AS NEUROLOGI-
 CAL,  MUSCULOSKELETAL,  SPECIAL  SENSE  ORGANS,  RESPIRATORY  (INCLUDING
 SPEECH  ORGANS), CARDIOVASCULAR, REPRODUCTIVE, DIGESTIVE, GENITOURINARY,
 IMMUNE, CIRCULATORY, HEMIC, LYMPHATIC, SKIN, AND ENDOCRINE; OR
   (II) ANY MENTAL OR PSYCHOLOGICAL DISORDER,  SUCH  AS  AN  INTELLECTUAL
 DISABILITY,  ORGANIC  BRAIN  SYNDROME,  EMOTIONAL OR MENTAL ILLNESS, AND
 SPECIFIC LEARNING DISABILITIES; AND
   (F) "STATE LEGISLATURE" OR "LEGISLATURE" MEANS THE LEGISLATURE OF  THE
 STATE  OF NEW YORK, INCLUDING ANY COMMITTEE, SUBCOMMITTEE, JOINT COMMIT-
 TEE, SELECT COMMITTEE, OR COMMISSION THEREOF WITH FIFTY OR MORE  EMPLOY-
 EES.
   2. THE STATE LEGISLATURE SHALL NOT DISCRIMINATE BECAUSE OF PHYSICAL OR
 MENTAL  DISABILITY  AND  SHALL  TAKE  AFFIRMATIVE  ACTION  TO EMPLOY AND
 ADVANCE IN EMPLOYMENT QUALIFIED INDIVIDUALS  WITH  DISABILITIES  AT  ALL
 LEVELS  OF  EMPLOYMENT,  INCLUDING  TAKING AFFIRMATIVE ACTION TO ACHIEVE
 SEVEN PERCENT EMPLOYMENT OF INDIVIDUALS WITH DISABILITIES AS LEGISLATIVE
 EMPLOYEES.
   3. (A) THE SPEAKER OF THE ASSEMBLY AND THE TEMPORARY PRESIDENT OF  THE
 SENATE  SHALL ANNUALLY EVALUATE THE LEGISLATURE'S EMPLOYMENT OF INDIVID-
 UALS WITH DISABILITIES.
   (B) UPON A FINDING THAT THE LEGISLATURE IS NOT  MEETING  THE  GOAL  OF
 SEVEN  PERCENT EMPLOYMENT, THE SPEAKER OF THE ASSEMBLY AND THE TEMPORARY
 PRESIDENT OF THE SENATE SHALL TAKE STEPS TO DETERMINE WHETHER AND  WHERE
 IMPEDIMENTS  TO  EQUAL  EMPLOYMENT OPPORTUNITY EXIST.   WHEN MAKING THIS
 DETERMINATION, THE SPEAKER OF THE ASSEMBLY AND THE  TEMPORARY  PRESIDENT
 OF THE SENATE SHALL ASSESS ITS PERSONNEL PROCESSES, THE EFFECTIVENESS OF
 ITS  OUTREACH  AND  RECRUITMENT  EFFORTS, THE RESULTS OF ITS AFFIRMATIVE
 ACTION EVALUATION, AND ANY OTHER AREAS THAT MIGHT AFFECT ITS SUCCESS  IN
 EMPLOYMENT.
   4.  THE  SPEAKER  OF  THE  ASSEMBLY AND THE TEMPORARY PRESIDENT OF THE
 SENATE SHALL DEVELOP AND EXECUTE ACTION-ORIENTED  PROGRAMS  DESIGNED  TO
 CORRECT ANY AREAS IDENTIFIED IN SUBDIVISION THREE OF THIS SECTION. THESE
 ACTION-ORIENTED PROGRAMS MAY INCLUDE THE MODIFICATION OF PERSONNEL PROC-
 ESSES  TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY FOR INDIVIDUALS WITH DISA-
 BILITIES, ALTERNATIVE OR ADDITIONAL OUTREACH  AND  RECRUITMENT  EFFORTS,
 AND/OR  OTHER  ACTIONS  DESIGNED TO CORRECT THE IDENTIFIED PROBLEM AREAS
 AND ATTAIN THE ESTABLISHED GOAL.
   5. THE SPEAKER OF THE ASSEMBLY AND  THE  TEMPORARY  PRESIDENT  OF  THE
 SENATE'S DETERMINATION THAT THE LEGISLATURE HAS NOT ATTAINED THE EMPLOY-
 MENT  GOAL  ESTABLISHED  IN  SUBDIVISION  TWO  OF  THIS SECTION DOES NOT

 A. 9118                             7
 
 CONSTITUTE EITHER A FINDING OR ADMISSION OF DISCRIMINATION IN  VIOLATION
 OF THIS SECTION.
   6.  THE EMPLOYMENT GOAL ESTABLISHED IN SUBDIVISION TWO OF THIS SECTION
 SHALL NOT BE USED AS A QUOTA OR CEILING THAT  LIMITS  OR  RESTRICTS  THE
 EMPLOYMENT OF INDIVIDUALS WITH DISABILITIES.
   7.  THE  COMMISSIONER  OF  LABOR, IN CONSULTATION WITH THE DIVISION OF
 HUMAN RIGHTS, SHALL PERIODICALLY REVIEW AND UPDATE, AS APPROPRIATE,  THE
 EMPLOYMENT GOAL ESTABLISHED IN SUBDIVISION ONE OF THIS SECTION.
   8.  (A)  AS  PART  OF  THE LEGISLATURE'S AFFIRMATIVE ACTION POLICY, IT
 SHALL INVITE APPLICANTS TO INFORM THE LEGISLATURE WHETHER THE  APPLICANT
 BELIEVES THAT HE OR SHE IS AN INDIVIDUAL WITH A DISABILITY AS DEFINED IN
 SUBDIVISION  ONE  OF  THIS SECTION. THIS INVITATION SHALL BE PROVIDED TO
 EACH APPLICANT WHEN THE APPLICANT APPLIES OR IS CONSIDERED  FOR  EMPLOY-
 MENT.  THE INVITATION MAY BE INCLUDED WITH THE APPLICATION MATERIALS FOR
 A POSITION, BUT SHALL BE SEPARATE FROM THE APPLICATION.
   (B) THE LEGISLATURE SHALL INVITE  AN  APPLICANT  TO  SELF-IDENTIFY  AS
 REQUIRED  IN  PARAGRAPH  (A)  OF THIS SUBDIVISION USING THE LANGUAGE AND
 MANNER PRESCRIBED BY THE DEPARTMENT OF LABOR, IN CONSULTATION  WITH  THE
 DIVISION  OF  HUMAN  RIGHTS,  AND PUBLISHED ON THE DEPARTMENT OF LABOR'S
 WEBSITE.
   9. (A) AT ANY TIME AFTER THE  OFFER  OF  EMPLOYMENT,  BUT  BEFORE  THE
 APPLICANT BEGINS HIS OR HER JOB DUTIES, THE LEGISLATURE SHALL INVITE THE
 APPLICANT  TO INFORM THE LEGISLATURE WHETHER THE APPLICANT BELIEVES THAT
 HE OR SHE IS AN INDIVIDUAL WITH A DISABILITY AS DEFINED  IN  SUBDIVISION
 ONE OF THIS SECTION.
   (B)  THE  LEGISLATURE  SHALL  INVITE  AN APPLICANT TO SELF-IDENTIFY AS
 REQUIRED IN PARAGRAPH (A) OF THIS SUBDIVISION  USING  THE  LANGUAGE  AND
 MANNER  PRESCRIBED  BY THE DEPARTMENT OF LABOR, IN CONSULTATION WITH THE
 DIVISION OF HUMAN RIGHTS, AND PUBLISHED ON  THE  DEPARTMENT  OF  LABOR'S
 WEBSITE.
   10.  THE LEGISLATURE SHALL INVITE EACH OF ITS EMPLOYEES TO VOLUNTARILY
 INFORM THE LEGISLATURE WHETHER THE EMPLOYEE BELIEVES THAT HE OR  SHE  IS
 AN  INDIVIDUAL  WITH  A DISABILITY AS DEFINED IN SUBDIVISION ONE OF THIS
 SECTION. THIS INVITATION SHALL BE EXTENDED THE FIRST YEAR  THE  LEGISLA-
 TURE  BECOMES  SUBJECT  TO  THE REQUIREMENTS OF THIS SECTION AND AT FIVE
 YEAR INTERVALS, THEREAFTER, USING THE LANGUAGE AND MANNER PRESCRIBED  BY
 THE  DEPARTMENT  OF  LABOR,  IN  CONSULTATION WITH THE DIVISION OF HUMAN
 RIGHTS, AND PUBLISHED ON THE DEPARTMENT OF  LABOR'S  WEBSITE.  AT  LEAST
 ONCE  DURING THE INTERVENING YEARS BETWEEN THESE INVITATIONS, THE LEGIS-
 LATURE SHALL REMIND ITS EMPLOYEES THAT THEY MAY VOLUNTARILY UPDATE THEIR
 DISABILITY STATUS.
   11. THE LEGISLATURE MAY NOT COMPEL OR COERCE AN INDIVIDUAL TO  SELF-I-
 DENTIFY AS AN INDIVIDUAL WITH A DISABILITY.
   12.  THE LEGISLATURE SHALL KEEP ALL INFORMATION ON SELF-IDENTIFICATION
 CONFIDENTIAL, AND SHALL MAINTAIN IT IN A DATA ANALYSIS FILE (RATHER THAN
 IN THE MEDICAL FILES OF INDIVIDUAL  EMPLOYEES).  THE  LEGISLATURE  SHALL
 PROVIDE  SELF-IDENTIFICATION INFORMATION TO THE DEPARTMENT OF LABOR UPON
 REQUEST.  SELF-IDENTIFICATION INFORMATION MAY BE USED ONLY IN ACCORDANCE
 WITH THIS SECTION.
   13. NOTHING IN THIS SECTION SHALL RELIEVE THE LEGISLATURE OF ITS OBLI-
 GATION TO TAKE AFFIRMATIVE ACTION WITH RESPECT TO  THOSE  APPLICANTS  OR
 EMPLOYEES OF WHOSE DISABILITY THE LEGISLATURE HAS KNOWLEDGE.
   14.  ONE YEAR FROM THE EFFECTIVE DATE OF THIS SECTION, THE LEGISLATURE
 SHALL REPORT TO THE DEPARTMENT OF LABOR ON THE REPRESENTATION  OF  INDI-
 VIDUALS  WITH  DISABILITIES  WITHIN  ITS  WORKFORCE  AND  THE RESULTS OF
 ACTION-ORIENTED PLANS TO IMPROVE SUCH REPRESENTATION.

 A. 9118                             8
 
   § 3. The judiciary law is amended by adding a  new  section  219-e  to
 read as follows:
   §  219-E.  PARTICIPATION BY INDIVIDUALS WITH DISABILITIES WITH RESPECT
 TO JUDICIAL EMPLOYMENT. 1. FOR THE PURPOSES OF THIS SECTION, THE FOLLOW-
 ING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   (A) "DISABILITY" SHALL MEAN:
   (I) WITH RESPECT TO AN INDIVIDUAL:
   (1) A PHYSICAL OR MENTAL IMPAIRMENT THAT SUBSTANTIALLY LIMITS  ONE  OR
 MORE MAJOR LIFE ACTIVITIES OF SUCH INDIVIDUAL;
   (2) A RECORD OF SUCH AN IMPAIRMENT; OR
   (3) BEING REGARDED AS HAVING SUCH AN IMPAIRMENT;
   (II)  AS USED IN THIS ARTICLE, THE DEFINITION OF "DISABILITY" SHALL BE
 CONSTRUED IN FAVOR OF BROAD COVERAGE  OF  INDIVIDUALS,  TO  THE  MAXIMUM
 EXTENT PERMITTED BY LAW. THE QUESTION OF WHETHER AN INDIVIDUAL MEETS THE
 DEFINITION UNDER THIS ARTICLE SHOULD NOT DEMAND EXTENSIVE ANALYSIS.
   (III)  AN IMPAIRMENT THAT SUBSTANTIALLY LIMITS ONE MAJOR LIFE ACTIVITY
 NEED NOT LIMIT OTHER MAJOR LIFE ACTIVITIES IN ORDER TO BE  CONSIDERED  A
 DISABILITY.
   (IV) AN IMPAIRMENT THAT IS EPISODIC OR IN REMISSION IS A DISABILITY IF
 IT WOULD SUBSTANTIALLY LIMIT A MAJOR LIFE ACTIVITY WHEN ACTIVE;
   (B) "MAJOR LIFE ACTIVITIES" SHALL MEAN:
   (I)  CARING  FOR  ONESELF,  PERFORMING  MANUAL TASKS, SEEING, HEARING,
 EATING, SLEEPING, WALKING, STANDING, SITTING, REACHING,  LIFTING,  BEND-
 ING,  SPEAKING,  BREATHING,  LEARNING, READING, CONCENTRATING, THINKING,
 COMMUNICATING, INTERACTING WITH OTHERS, AND WORKING; AND
   (II) THE OPERATION OF A MAJOR  BODILY  FUNCTION,  INCLUDING,  BUT  NOT
 LIMITED  TO,  FUNCTIONS  OF  THE IMMUNE SYSTEM, SPECIAL SENSE ORGANS AND
 SKIN, NORMAL CELL  GROWTH,  DIGESTIVE,  GENITOURINARY,  BOWEL,  BLADDER,
 NEUROLOGICAL,  BRAIN,  RESPIRATORY,  CIRCULATORY, CARDIOVASCULAR, ENDOC-
 RINE, HEMIC, LYMPHATIC, MUSCULOSKELETAL, AND REPRODUCTIVE FUNCTIONS. THE
 OPERATION OF A MAJOR BODILY FUNCTION INCLUDES THE OPERATION OF AN  INDI-
 VIDUAL ORGAN WITHIN A BODY SYSTEM;
   (C)  "NON-JUDICIAL EMPLOYEE" SHALL MEAN ANY OFFICER OR EMPLOYEE OF THE
 UNIFIED COURT SYSTEM WHO IS NOT A JUDGE OR JUSTICE; AND
   (D) "PHYSICAL OR MENTAL IMPAIRMENT" SHALL MEAN:
   (I) ANY PHYSIOLOGICAL DISORDER, OR CONDITION, COSMETIC  DISFIGUREMENT,
 OR ANATOMICAL LOSS AFFECTING ONE OR MORE BODY SYSTEMS SUCH AS NEUROLOGI-
 CAL,  MUSCULOSKELETAL,  SPECIAL  SENSE  ORGANS,  RESPIRATORY  (INCLUDING
 SPEECH ORGANS), CARDIOVASCULAR, REPRODUCTIVE, DIGESTIVE,  GENITOURINARY,
 IMMUNE, CIRCULATORY, HEMIC, LYMPHATIC, SKIN, AND ENDOCRINE; OR
   (II)  ANY  MENTAL  OR  PSYCHOLOGICAL DISORDER, SUCH AS AN INTELLECTUAL
 DISABILITY, ORGANIC BRAIN SYNDROME, EMOTIONAL  OR  MENTAL  ILLNESS,  AND
 SPECIFIC LEARNING DISABILITIES.
   2. THE UNIFIED COURT SYSTEM SHALL NOT DISCRIMINATE BECAUSE OF PHYSICAL
 OR  MENTAL  DISABILITY  AND  SHALL TAKE AFFIRMATIVE ACTION TO EMPLOY AND
 ADVANCE IN EMPLOYMENT QUALIFIED INDIVIDUALS  WITH  DISABILITIES  AT  ALL
 LEVELS  OF  EMPLOYMENT,  INCLUDING  TAKING AFFIRMATIVE ACTION TO ACHIEVE
 SEVEN PERCENT EMPLOYMENT WITHIN THE UNIFIED COURT SYSTEM OF  INDIVIDUALS
 WITH DISABILITIES AS NON-JUDICIAL EMPLOYEES.
   3.  (A)  THE CHIEF ADMINISTRATOR OF THE COURTS SHALL ANNUALLY EVALUATE
 THE UNIFIED COURT SYSTEM'S EMPLOYMENT OF INDIVIDUALS WITH DISABILITIES.
   (B) UPON A FINDING THAT THE UNIFIED COURT SYSTEM IS  NOT  MEETING  THE
 GOAL  OF  SEVEN  PERCENT  EMPLOYMENT, THE CHIEF ADMINISTRATOR SHALL TAKE
 STEPS TO DETERMINE WHETHER AND WHERE  IMPEDIMENTS  TO  EQUAL  EMPLOYMENT
 OPPORTUNITY EXIST. WHEN MAKING THIS DETERMINATION, THE CHIEF ADMINISTRA-
 TOR  SHALL  ASSESS  THE  UNIFIED COURT SYSTEM'S PERSONNEL PROCESSES, THE

 A. 9118                             9
 
 EFFECTIVENESS OF ITS OUTREACH AND RECRUITMENT EFFORTS,  THE  RESULTS  OF
 ITS AFFIRMATIVE ACTION EVALUATION, AND ANY OTHER AREAS THAT MIGHT AFFECT
 ITS SUCCESS IN EMPLOYMENT.
   4.  THE  CHIEF ADMINISTRATOR SHALL DEVELOP AND EXECUTE ACTION-ORIENTED
 PROGRAMS DESIGNED TO CORRECT ANY AREAS IDENTIFIED IN  SUBDIVISION  THREE
 OF THIS SECTION.  THESE ACTION-ORIENTED PROGRAMS MAY INCLUDE THE MODIFI-
 CATION OF PERSONNEL PROCESSES TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY FOR
 INDIVIDUALS  WITH  DISABILITIES,  ALTERNATIVE OR ADDITIONAL OUTREACH AND
 RECRUITMENT EFFORTS, AND/OR OTHER ACTIONS DESIGNED TO CORRECT THE  IDEN-
 TIFIED PROBLEM AREAS AND ATTAIN THE ESTABLISHED GOAL.
   5.  THE  CHIEF  ADMINISTRATOR'S  DETERMINATION  THAT THE UNIFIED COURT
 SYSTEM HAS NOT ATTAINED THE EMPLOYMENT GOAL ESTABLISHED  IN  SUBDIVISION
 TWO OF THIS SECTION DOES NOT CONSTITUTE EITHER A FINDING OR ADMISSION OF
 DISCRIMINATION IN VIOLATION OF THIS SECTION.
   6.  THE EMPLOYMENT GOAL ESTABLISHED IN SUBDIVISION TWO OF THIS SECTION
 SHALL NOT BE USED AS A QUOTA OR CEILING THAT  LIMITS  OR  RESTRICTS  THE
 EMPLOYMENT OF INDIVIDUALS WITH DISABILITIES.
   7.  THE  COMMISSIONER  OF  LABOR, IN CONSULTATION WITH THE DIVISION OF
 HUMAN RIGHTS, SHALL PERIODICALLY REVIEW AND UPDATE, AS APPROPRIATE,  THE
 EMPLOYMENT GOAL ESTABLISHED IN SUBDIVISION TWO OF THIS SECTION.
   8.  (A) AS PART OF THE UNIFIED COURT SYSTEM'S AFFIRMATIVE ACTION POLI-
 CY, IT SHALL INVITE APPLICANTS TO INFORM THE EMPLOYER WHETHER THE APPLI-
 CANT BELIEVES THAT HE OR SHE IS  AN  INDIVIDUAL  WITH  A  DISABILITY  AS
 DEFINED  IN  SUBDIVISION  ONE  OF THIS SECTION. THIS INVITATION SHALL BE
 PROVIDED TO EACH APPLICANT WHEN THE APPLICANT APPLIES OR  IS  CONSIDERED
 FOR  EMPLOYMENT.  THE  INVITATION  MAY  BE INCLUDED WITH THE APPLICATION
 MATERIALS FOR A POSITION, BUT SHALL BE SEPARATE FROM THE APPLICATION.
   (B) THE UNIFIED COURT SYSTEM SHALL INVITE AN APPLICANT TO SELF-IDENTI-
 FY AS REQUIRED IN PARAGRAPH (A) OF THIS SUBDIVISION USING  THE  LANGUAGE
 AND  MANNER  PRESCRIBED BY THE DEPARTMENT OF LABOR, IN CONSULTATION WITH
 THE DIVISION OF HUMAN RIGHTS, AND PUBLISHED ON THE DEPARTMENT OF LABOR'S
 WEBSITE.
   9. (A) AT ANY TIME AFTER THE  OFFER  OF  EMPLOYMENT,  BUT  BEFORE  THE
 APPLICANT  BEGINS  HIS OR HER JOB DUTIES, THE UNIFIED COURT SYSTEM SHALL
 INVITE THE APPLICANT TO INFORM THE  UNIFIED  COURT  SYSTEM  WHETHER  THE
 APPLICANT  BELIEVES THAT HE OR SHE IS AN INDIVIDUAL WITH A DISABILITY AS
 DEFINED IN SUBDIVISION ONE OF THIS SECTION.
   (B) THE UNIFIED COURT SYSTEM SHALL INVITE AN APPLICANT TO SELF-IDENTI-
 FY AS REQUIRED IN PARAGRAPH (A) OF THIS SUBDIVISION USING  THE  LANGUAGE
 AND  MANNER  PRESCRIBED BY THE DEPARTMENT OF LABOR, IN CONSULTATION WITH
 THE DIVISION OF HUMAN RIGHTS, AND PUBLISHED ON THE DEPARTMENT OF LABOR'S
 WEBSITE.
   10. THE UNIFIED COURT SYSTEM SHALL INVITE EACH  OF  ITS  EMPLOYEES  TO
 VOLUNTARILY  INFORM  THE  UNIFIED  COURT  SYSTEM  WHETHER  THE  EMPLOYEE
 BELIEVES THAT HE OR SHE IS AN INDIVIDUAL WITH A DISABILITY AS DEFINED IN
 SUBDIVISION ONE OF THIS SECTION. THIS INVITATION SHALL BE  EXTENDED  THE
 FIRST  YEAR THE UNIFIED COURT SYSTEM BECOMES SUBJECT TO THE REQUIREMENTS
 OF THIS SECTION AND  AT  FIVE  YEAR  INTERVALS,  THEREAFTER,  USING  THE
 LANGUAGE  AND MANNER PRESCRIBED BY THE DEPARTMENT OF LABOR, IN CONSULTA-
 TION WITH THE DIVISION OF HUMAN RIGHTS, AND PUBLISHED ON THE  DEPARTMENT
 OF  LABOR'S  WEBSITE. AT LEAST ONCE DURING THE INTERVENING YEARS BETWEEN
 THESE INVITATIONS, THE UNIFIED COURT SYSTEM SHALL REMIND  ITS  EMPLOYEES
 THAT THEY MAY VOLUNTARILY UPDATE THEIR DISABILITY STATUS.
   11. THE UNIFIED COURT SYSTEM MAY NOT COMPEL OR COERCE AN INDIVIDUAL TO
 SELF-IDENTIFY AS AN INDIVIDUAL WITH A DISABILITY.

 A. 9118                            10
 
   12.  THE UNIFIED COURT SYSTEM SHALL KEEP ALL INFORMATION ON SELF-IDEN-
 TIFICATION CONFIDENTIAL, AND SHALL MAINTAIN IT IN A DATA  ANALYSIS  FILE
 (RATHER  THAN IN THE MEDICAL FILES OF INDIVIDUAL EMPLOYEES). THE UNIFIED
 COURT  SYSTEM  SHALL  PROVIDE  SELF-IDENTIFICATION  INFORMATION  TO  THE
 DEPARTMENT OF LABOR UPON REQUEST. SELF-IDENTIFICATION INFORMATION MAY BE
 USED ONLY IN ACCORDANCE WITH THIS SECTION.
   13.  NOTHING IN THIS SECTION SHALL RELIEVE THE UNIFIED COURT SYSTEM OF
 ITS OBLIGATION TO TAKE AFFIRMATIVE ACTION WITH RESPECT TO  THOSE  APPLI-
 CANTS OR EMPLOYEES OF WHOSE DISABILITY IT HAS KNOWLEDGE.
   14.  ONE  YEAR  FROM  THE  EFFECTIVE DATE OF THIS SECTION, THE UNIFIED
 COURT SYSTEM SHALL REPORT TO THE DEPARTMENT OF LABOR AND THE LEGISLATURE
 ON THE REPRESENTATION OF INDIVIDUALS WITH DISABILITIES WITHIN ITS  WORK-
 FORCE AND THE RESULTS OF ACTION-ORIENTED PLANS TO IMPROVE SUCH REPRESEN-
 TATION.
   § 4. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.  Effective immediately, the addition, amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation  of  this act on its effective date are authorized to be made and
 completed on or before such effective date.