Legislation
SECTION 1020-V
Equal employment opportunity and minority and women owned business enterprise programs
Public Authorities (PBA) CHAPTER 43-A, ARTICLE 5, TITLE 1-A
* § 1020-v. Equal employment opportunity and minority and women owned
business enterprise programs. 1. All contracts entered into by the
authority pursuant to this title of whatever nature and all documents
soliciting bids or proposals therefor 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 persons and women are afforded equal opportunity without
discrimination. Such programs shall include, but not be limited to,
recruitment, employment, job assignment, promotion, upgrading, demotion,
transfer, layoff, termination, rates of pay or other forms of
compensation, and selection for training and retraining, including
apprenticeship and on-the-job training.
(b) At the request of the authority, 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 and which is involved in the performance of the contract
with the authority to furnish a written statement that such employment
agency, labor union or representative shall not discriminate because of
race, creed, color, national origin, sex, age, disability or marital
status and that such union or representative will cooperate in the
implementation of the contractor's obligations hereunder.
(c) The contractor shall state, in all solicitations or advertisements
for employees placed by or on behalf of the contractor in the
performance of the contract with the authority that all qualified
applicants will be afforded equal employment opportunity without
discrimination because of race, creed, color, national origin, sex, age,
disability or marital status.
(d) The contractor will include the provisions of paragraphs (a)
through (c) of this subdivision in every subcontract or purchase order
in such a manner that such provisions will be binding upon each
subcontractor or vendor as to its work in connection with the contract
with the authority.
2. The authority shall establish measures, procedures and guidelines
to ensure that contractors and subcontractors undertake meaningful
programs to employ and promote qualified minority group members and
women. Such procedures may require after notice in a bid solicitation,
the submission of a minority and women workforce utilization program
prior to the award of any contract, or at any time thereafter, and may
require the submission of compliance reports relating to the operation
and implementation of any workforce utilization program adopted
hereunder. The authority may take appropriate action, including the
impositions of sanctions for non-compliance to effectuate the provisions
of this section and shall be responsible for monitoring compliance with
this title.
3. In the performance of projects pursuant to this title, minority and
women-owned business enterprises shall be given the opportunity for
meaningful participation. The authority shall establish quantifiable
standards and measures and procedures to secure meaningful participation
and identify those contracts and items of work for which minority and
women-owned business enterprises may best bid to actively and
affirmatively promote and assist their participation in projects, so as
to facilitate the award of a fair share of contracts to such
enterprises; provided, however, that nothing in this title shall be
construed to limit the ability of the authority to assure that qualified
minority and women-owned business enterprises may participate in the
program. For purposes hereof, minority business enterprise shall mean
any business enterprise which is at least fifty-one per centum owned by,
or in the case of a publicly owned business, at least fifty-one per
centum of the stock or other voting interest is owned by citizens or
permanent resident noncitizens who are Black, Hispanic, Asian, American
Indian, Pacific islander, or Alaskan native, and such ownership interest
is real, substantial and continuing and has the authority to
independently control the day to day business decisions of the entity
for at least one year; and women-owned business enterprise shall mean
any business enterprise which is at least fifty-one per centum owned by,
or in the case of a publicly owned business, at least fifty-one per
centum of the stock to other voting interests of which is owned by
citizens or permanent resident noncitizens who are women, and such
ownership interest is real, substantial and continuing and has the
authority to independently control the day to day business decisions of
the entity for at least one year.
The provisions of this subdivision shall not be construed to limit the
ability of any minority business enterprise to bid on any contract.
4. In order to implement the requirements and objectives of this
section, the authority shall establish procedures to monitor contractors
compliance with provisions hereof, provide assistance in obtaining
competing qualified minority and women-owned business enterprises to
perform contracts proposed to be awarded, impose contractual sanctions
for non-compliance, and take other appropriate measures to improve the
access of minority and women-owned business enterprises to these
contracts.
* NB There are 2 § 1020-v's
business enterprise programs. 1. All contracts entered into by the
authority pursuant to this title of whatever nature and all documents
soliciting bids or proposals therefor 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 persons and women are afforded equal opportunity without
discrimination. Such programs shall include, but not be limited to,
recruitment, employment, job assignment, promotion, upgrading, demotion,
transfer, layoff, termination, rates of pay or other forms of
compensation, and selection for training and retraining, including
apprenticeship and on-the-job training.
(b) At the request of the authority, 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 and which is involved in the performance of the contract
with the authority to furnish a written statement that such employment
agency, labor union or representative shall not discriminate because of
race, creed, color, national origin, sex, age, disability or marital
status and that such union or representative will cooperate in the
implementation of the contractor's obligations hereunder.
(c) The contractor shall state, in all solicitations or advertisements
for employees placed by or on behalf of the contractor in the
performance of the contract with the authority that all qualified
applicants will be afforded equal employment opportunity without
discrimination because of race, creed, color, national origin, sex, age,
disability or marital status.
(d) The contractor will include the provisions of paragraphs (a)
through (c) of this subdivision in every subcontract or purchase order
in such a manner that such provisions will be binding upon each
subcontractor or vendor as to its work in connection with the contract
with the authority.
2. The authority shall establish measures, procedures and guidelines
to ensure that contractors and subcontractors undertake meaningful
programs to employ and promote qualified minority group members and
women. Such procedures may require after notice in a bid solicitation,
the submission of a minority and women workforce utilization program
prior to the award of any contract, or at any time thereafter, and may
require the submission of compliance reports relating to the operation
and implementation of any workforce utilization program adopted
hereunder. The authority may take appropriate action, including the
impositions of sanctions for non-compliance to effectuate the provisions
of this section and shall be responsible for monitoring compliance with
this title.
3. In the performance of projects pursuant to this title, minority and
women-owned business enterprises shall be given the opportunity for
meaningful participation. The authority shall establish quantifiable
standards and measures and procedures to secure meaningful participation
and identify those contracts and items of work for which minority and
women-owned business enterprises may best bid to actively and
affirmatively promote and assist their participation in projects, so as
to facilitate the award of a fair share of contracts to such
enterprises; provided, however, that nothing in this title shall be
construed to limit the ability of the authority to assure that qualified
minority and women-owned business enterprises may participate in the
program. For purposes hereof, minority business enterprise shall mean
any business enterprise which is at least fifty-one per centum owned by,
or in the case of a publicly owned business, at least fifty-one per
centum of the stock or other voting interest is owned by citizens or
permanent resident noncitizens who are Black, Hispanic, Asian, American
Indian, Pacific islander, or Alaskan native, and such ownership interest
is real, substantial and continuing and has the authority to
independently control the day to day business decisions of the entity
for at least one year; and women-owned business enterprise shall mean
any business enterprise which is at least fifty-one per centum owned by,
or in the case of a publicly owned business, at least fifty-one per
centum of the stock to other voting interests of which is owned by
citizens or permanent resident noncitizens who are women, and such
ownership interest is real, substantial and continuing and has the
authority to independently control the day to day business decisions of
the entity for at least one year.
The provisions of this subdivision shall not be construed to limit the
ability of any minority business enterprise to bid on any contract.
4. In order to implement the requirements and objectives of this
section, the authority shall establish procedures to monitor contractors
compliance with provisions hereof, provide assistance in obtaining
competing qualified minority and women-owned business enterprises to
perform contracts proposed to be awarded, impose contractual sanctions
for non-compliance, and take other appropriate measures to improve the
access of minority and women-owned business enterprises to these
contracts.
* NB There are 2 § 1020-v's