Bill Text: NY A07936 | 2019-2020 | General Assembly | Amended

Bill Title: 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.

Spectrum: Partisan Bill (Democrat 11-0)

Status: (Engrossed) 2019-06-20 - REFERRED TO RULES [A07936 Detail]

Download: New_York-2019-A07936-Amended.html

                STATE OF NEW YORK


                               2019-2020 Regular Sessions

                   IN ASSEMBLY

                                      May 28, 2019

        Introduced by M. of A. ARROYO -- read once and referred to the Committee
          on  Governmental  Operations  --  committee  discharged, bill amended,
          ordered reprinted as amended and recommitted to said committee

        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
    22  commission of the state that waives the application of  paragraph  a  of
    23  this  subdivision  shall  enter into the procurement records the reasons

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        A. 7936--A                          2

     1  the waiver was necessary. For the purposes of this paragraph,  "emergen-
     2  cy"  shall  have  the  same  meaning  as is prescribed in paragraph b of
     3  subdivision one of this section.
     4    §  2.  This act shall take effect immediately; provided, however, that
     5  the amendments to section 163 of the state finance law made  by  section
     6  one of this act shall not affect the repeal of such section and shall be
     7  deemed repealed therewith.