Prohibits state contracts with vendors that forbid employees from litigating discrimination or harassment claims except in the case of an emergency arising from certain unforeseen causes.
STATE OF NEW YORK
________________________________________________________________________
3427--A
Cal. No. 723
2019-2020 Regular Sessions
IN SENATE
February 6, 2019
___________
Introduced by Sens. SALAZAR, CARLUCCI, GOUNARDES -- read twice and
ordered printed, and when printed to be committed to the Committee on
Finance -- reported favorably from said committee, ordered to first
and second report, ordered to a third reading, amended and ordered
reprinted, retaining its place in the order of third reading
AN ACT to amend the state finance law, in relation to prohibiting state
contracts with vendors that forbid employees from litigating discrimi-
nation or harassment claims
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 163 of the state finance law is amended by adding a
2 new subdivision 12-a to read as follows:
3 12-a. Certain contract provisions prohibited. a. No agency, depart-
4 ment, division, board, bureau, or commission of the state shall enter
5 into contracts with any vendor that requires an employee or independent
6 contractor performing work under such vendor's contract or subcontract
7 to submit claims arising under title VII of the civil rights act of
8 1964, article fifteen of the executive law, or any tort related to or
9 arising from discrimination, sexual assault or harassment, including:
10 assault, battery, intentional infliction of emotional distress, false
11 imprisonment or negligent hiring, supervision or retention to private
12 arbitration for resolution; provided, however, that this paragraph shall
13 not apply to arbitration that is mandated by a collective bargaining
14 agreement between such vendor and employee and/or independent contrac-
15 tor.
16 b. An agency, department, division, board, bureau, or commission of
17 the state can waive the requirements of paragraph a of this subdivision
18 when necessary to respond to an emergency arising from unforeseen causes
19 pursuant to paragraph b of subdivision ten of this section. The term of
20 the contract shall not be for longer than necessary to respond adequate-
21 ly to the emergency. The agency, department, division, board, bureau, or
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD09726-03-9
S. 3427--A 2
1 commission of the state that waives the application of paragraph a of
2 this subdivision shall enter into the procurement records the reasons
3 the waiver was necessary. For the purposes of this paragraph, "emergen-
4 cy" shall have the same meaning as is prescribed in paragraph b of
5 subdivision one of this section.
6 § 2. This act shall take effect immediately; provided, however, that
7 the amendments to section 163 of the state finance law made by section
8 one of this act shall not affect the repeal of such section and shall be
9 deemed repealed therewith.
