S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4185
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 10, 2023
                                ___________
 
 Introduced  by  M. of A. PEOPLES-STOKES -- read once and referred to the
   Committee on Governmental Employees
 
 AN ACT to amend the labor law,  in  relation  to  establishing  a  model
   racial equity, social justice, and implicit bias training program
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The labor law is amended by adding a new section  201-i  to
 read as follows:
   § 201-I. RACIAL EQUITY, SOCIAL JUSTICE, AND IMPLICIT BIAS TRAINING. 1.
 A.  THE  DEPARTMENT  SHALL  CONSULT WITH THE DIVISION OF HUMAN RIGHTS TO
 PRODUCE A MODEL TRAINING PROGRAM ON RACIAL EQUITY, SOCIAL  JUSTICE,  AND
 IMPLICIT BIAS.
   B.  SUCH MODEL RACIAL EQUITY, SOCIAL JUSTICE, AND IMPLICIT BIAS TRAIN-
 ING PROGRAM SHALL BE INTERACTIVE AND INCLUDE:
   (I) A DEFINITION, EXPLANATION, AND EXAMPLES OF RACIAL  EQUITY,  SOCIAL
 JUSTICE,  AND  IMPLICIT  BIAS  CONSISTENT  WITH  GUIDANCE  ISSUED BY THE
 DEPARTMENT IN CONSULTATION WITH THE DIVISION OF HUMAN RIGHTS;
   (II) EXAMPLES OF CONDUCT THAT WOULD BE EXAMPLES OF  VIOLATING  EQUITY,
 SOCIAL JUSTICE, RACE, OR IMPLICIT BIAS PRINCIPLES;
   (III)  INFORMATION CONCERNING BEST PRACTICES TO AVOID INEQUITY, SOCIAL
 INJUSTICE, RACIAL, OR IMPLICIT BIAS BY  A  CIVIL  SERVICE  APPOINTEE  IN
 ACTIONS CONNECTED TO THEIR PROFESSIONAL WORK;
   (IV)  INFORMATION  REGARDING  THE  IMPACT  OF  RACIAL  EQUITY,  SOCIAL
 JUSTICE, AND IMPLICIT BIAS MAY HAVE ON INDIVIDUALS ACROSS THE STATE;
   (V) EXAMPLES OF RACIAL INEQUITIES AND THEIR IMPACT ON  COMMUNITIES  OF
 COLOR;
   (VI)  INFORMATION  CONCERNING  EMPLOYEES'  RIGHTS  OF  REDRESS AND ALL
 AVAILABLE FORUMS FOR ADJUDICATING COMPLAINTS; AND
   (VII) ANY OTHER INFORMATION THE DEPARTMENT AND THE DIVISION  OF  HUMAN
 RIGHTS DEEMS RELEVANT AND APPROPRIATE FOR SUCH A COURSE.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00058-02-3
 A. 4185                             2
              

 
   C.  THE  DEPARTMENT  SHALL  INCLUDE INFORMATION IN SUCH MODEL TRAINING
 PROGRAM ADDRESSING CONDUCT BY SUPERVISORS THAT ARE CONTRARY TO ANY STATE
 POLICY ON RACIAL EQUITY, SOCIAL JUSTICE, AND IMPLICIT  BIAS,  AND  SHALL
 INCLUDE  INFORMATION  AS  TO HOW TO REPORT CONCERNS REGARDING SUPERVISOR
 CONDUCT.
   D.  THE  MODEL  TRAINING PROGRAM CREATED PURSUANT TO THIS SECTION, AND
 ANY EQUIVALENT PROGRAM SHALL BE REVIEWED AND REAPPROVED BY  THE  DEPART-
 MENT AND THE DIVISION OF HUMAN RIGHTS ON A BIENNIAL BASIS.
   2.  THE COMMISSIONER SHALL PREPARE TEMPLATES OF THE MODEL RACIAL EQUI-
 TY, SOCIAL JUSTICE, AND IMPLICIT BIAS TRAINING PROGRAM CREATED  PURSUANT
 TO SUBDIVISION ONE OF THIS SECTION. THE COMMISSIONER SHALL DETERMINE, IN
 HIS  OR  HER  DISCRETION,  WHICH  LANGUAGES  TO  PROVIDE  IN ADDITION TO
 ENGLISH, BASED ON THE SIZE OF THE NEW YORK STATE POPULATION THAT  SPEAKS
 EACH  LANGUAGE  AND  ANY  OTHER  FACTOR THAT THE COMMISSIONER SHALL DEEM
 RELEVANT. ALL SUCH TEMPLATES SHALL BE MADE AVAILABLE TO EMPLOYERS IN THE
 STATE UPON AN EMPLOYER'S REQUEST.
   3. THE DEPARTMENT MAY PROMULGATE ANY  REGULATIONS  NECESSARY  FOR  THE
 PURPOSES OF CARRYING OUT THE PROVISIONS OF THIS SECTION.
   4. AS USED IN THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOW-
 ING MEANINGS:
   A.  "EQUITY"  MEANS  FAIR  AND JUST OPPORTUNITIES AND OUTCOMES FOR ALL
 INDIVIDUALS.
   B. "SOCIAL JUSTICE" MEANS EVERY INDIVIDUAL DESERVES  TO  BENEFIT  FROM
 THE  SAME  ECONOMIC, POLITICAL AND SOCIAL RIGHTS AND OPPORTUNITIES, FREE
 FROM HEALTH DISPARITIES, REGARDLESS OF RACE; SOCIOECONOMIC STATUS;  AGE;
 SEX, INCLUDING ON THE BASIS OF GENDER IDENTITY OR ORIENTATION; RELIGION;
 DISABILITY; OR OTHER CHARACTERISTICS.
   C.  "RACE"  MEANS  A SOCIAL CONSTRUCT THAT ARTIFICIALLY DIVIDES PEOPLE
 INTO DISTINCT GROUPS BASED ON CHARACTERISTICS SUCH AS  PHYSICAL  APPEAR-
 ANCE,   INCLUDING   COLOR;  ANCESTRAL  HERITAGE;  CULTURAL  AFFILIATION;
 CULTURAL HISTORY; ETHNIC CLASSIFICATION; AND THE  SOCIAL,  ECONOMIC  AND
 POLITICAL NEEDS OF A SOCIETY AT A GIVEN PERIOD.
   D.  "IMPLICIT BIAS" MEANS THE ATTITUDES OR STEREOTYPES THAT AFFECT OUR
 UNDERSTANDING, ACTIONS, AND DECISIONS IN AN UNCONSCIOUS MANNER.
   § 2. This act shall take effect on the one hundred eightieth day after
 it shall have become a law. Effective  immediately,  the  department  of
 labor,  in consultation with the division of human rights, is authorized
 to create the model racial equity, social  justice,  and  implicit  bias
 training  program pursuant to section 201-i of the labor law as added by
 section one of this act.