§ 239. Provisions in contracts prohibiting discrimination on account
of race, creed, color, national origin, age or sex. Every contract for
service work shall contain provisions by which the contractor agrees:

(1) that in the hiring of employees for the performance of work under
the contract or any subcontract thereunder within the territorial limits
of this state, no contractor, subcontractor, nor any person acting on
behalf of such contractor or subcontractor, shall by reason of race,
creed, color, national origin, age, sex or disability, discriminate
against any citizen of the state of New York who is qualified and
available to perform the work to which the employment relates;

(2) that no contractor, subcontractor, nor any person on his behalf
shall, in any manner, discriminate against or intimidate any employee
hired for the performance of work under the contract on account of race,
creed, color, national origin, age, sex or disability;

(3) that there may be deducted from the amount payable to the
contractor by the public agency under the contract a penalty of fifty
dollars for each person for each day during which such person was
discriminated against or intimidated in violation of the provisions of
the contract;

(4) that the contract may be cancelled or terminated by the public
agency, and all moneys due or to become due thereunder may be forfeited
for a second or any subsequent violation of the terms or conditions of
this section of the contract.