Bill Text: NY S03427 | 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 4-0)

Status: (Introduced) 2019-06-20 - COMMITTED TO RULES [S03427 Detail]

Download: New_York-2019-S03427-Amended.html

                STATE OF NEW YORK

            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.

        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.