NY State Senate Bill 2023-S3050

Current Bill Status - Stricken

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 06, 2024	recommit, enacting clause stricken
Jan 03, 2024	referred to labor
Jan 27, 2023	referred to labor

2023-S3050 (ACTIVE) - Details

See Assembly Version of this Bill:: A4185
Law Section:: Labor Law
Laws Affected:: Add §201-i, Lab L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S8521
2021-2022: S5055

2023-S3050 (ACTIVE) - Summary

Establishes a model racial equity, social justice, and implicit bias training program.

2023-S3050 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S3050

SPONSOR: KENNEDY
 
TITLE OF BILL:

An act to amend the labor law, in relation to establishing a model
racial equity, social justice, and implicit bias training program

 
PURPOSE:

This legislation would require the Department of Labor and the Division
of human rights to produce a model training program in racial equity,
social justice, and implicit bias to be made available to employers in
the state upon request

 
SUMMARY OF SPECIFIC PROVISIONS:

Section one amends the labor law by adding a new Section 201-h to
require the Department of Labor in consultation with the Division of
Human Rights to produce a model racial equity, social justice, and
implicit bias training program to be made available to all employers.

Section two establishes the effective date.

 
JUSTIFICATION:

This legislation requires the Division of Human Rights, the Civil
Service Department and Department of Labor to collaboratively establish
a model a training program for employers in New York State on racial
equity, social justice, and implicit bias. Implicit racial biases shape
not only individuals' cognition and attitudes, but also their behavior.
While leaders at all levels of government may take actions to acknowl-
edge or support racial equity and social justice in New York State, all
civil servants must be informed and prepared to understand systemic
racism in our society.

According to the Ohio State University Kirwan Institute for the Study of
Race and Ethnicity, implicit bias refers to the attitudes or stereotypes
that affect our understanding, actions, and decisions in an unconscious
manner. These biases, which can be both favorable and unfavorable, are
activated involuntarily and without an individual's awareness. These
implicit associations that individuals harbor in their subconscious
cause them to have feelings and attitudes about other people based on
characteristics such as race, ethnicity, age, and appearance. These
associations develop over the course of a lifetime through exposure to
direct and indirect messages. In addition to early life experiences, the
media and news programming are often-cited origins of implicit associ-
ations. Implicit biases, explicit biases, and structural forces are
often mutually reinforcing. As convincing research accumulates, it is
clear that educating our citizens on racism, equality, and bias is no
longer an option--it is a necessity.

 
LEGISLATIVE HISTORY:

S.5055A of 2021-22

S.8521B of 2020

 
FISCAL IMPLICATIONS:
Minimal

 
EFFECTIVE DATE:
This act shall take effect on the 180 days after becoming law.

2023-S3050 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3050
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 27, 2023
                                ___________
 
 Introduced  by  Sen. KENNEDY -- read twice and ordered printed, and when
   printed to be committed to the Committee on Labor
 
 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
 S. 3050                             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.

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Senate Bill S3050

Sponsored By

Current Bill Status - Stricken

2023-S3050 (ACTIVE) - Details

2023-S3050 (ACTIVE) - Summary

2023-S3050 (ACTIVE) - Sponsor Memo

2023-S3050 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S3050

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Sponsored By

Timothy M. Kennedy

Current Bill Status - Stricken

2023-S3050 (ACTIVE) - Details

2023-S3050 (ACTIVE) - Summary

2023-S3050 (ACTIVE) - Sponsor Memo

2023-S3050 (ACTIVE) - Bill Text download pdf

Comments