Text of NY S 1828 (2004)

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Bill No.: Summary Actions Floor Votes Memo Text S01828 Summary: BILL NOS01828 SAME ASNo same as SPONSORDUANE COSPNSRANDREWS, BROWN, CONNOR, KRUEGER, SABINI, SAMPSON, SMITH A, SMITH M, STAVISKY MLTSPNSR Amd SS2, 220-e & 239, Lab L Prohibits discrimination based on sexual orientation in every contract for service work and contracts relating to employment of citizens upon public works; defines sexual orientation as actual or perceived heterosexuality, homosexuality or bisexuality.Go to top S01828 Text: STATE OF NEW YORK ________________________________________________________________________ 1828 2003-2004 Regular Sessions IN SENATE February 12, 2003 ___________ Introduced by Sens. DUANE, ANDREWS, BROWN, CONNOR, KRUEGER, SABINI, A. SMITH, M. SMITH -- read twice and ordered printed, and when printed to be committed to the Committee on Labor AN ACT to amend the labor law, in relation to prohibiting discrimination based on sexual orientation in contract provisions The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 2 of the labor law is amended by adding a new 2 subdivision 16 to read as follows: 3 16. "Sexual orientation" means actual or perceived heterosexuality, 4 homosexuality or bisexuality. 5 § 2. Section 220-e of the labor law, as amended by chapter 424 of the 6 laws of 1950, subdivisions (a) and (b) as amended by chapter 826 of the 7 laws of 1982 and subdivision (c) as amended by chapter 770 of the laws 8 of 1986, is amended to read as follows: 9 § 220-e. Provisions in contracts prohibiting discrimination on account 10 of race, creed, color, disability, sex, sexual orientation or national 11 origin in employment of citizens upon public works. Every contract for 12 or on behalf of the state or a municipality for the construction, alter- 13 ation or repair of any public building or public work or for the manu- 14 facture, sale or distribution of materials, equipment or supplies shall 15 contain provisions by which the contractor with the state or munici- 16 pality agrees: 17 (a) That in the hiring of employees for the performance of work under 18 this contract or any subcontract hereunder, no contractor, subcontrac- 19 tor, nor any person acting on behalf of such contractor or subcontrac- 20 tor, shall by reason of race, creed, color, disability, sex, sexual 21 orientation or national origin discriminate against any citizen of the 22 state of New York who is qualified and available to perform the work to 23 which the employment relates; EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD00823-01-3 S. 1828 2 1 (b) That no contractor, subcontractor, nor any person on his behalf 2 shall, in any manner, discriminate against or intimidate any employee 3 hired for the performance of work under this contract on account of 4 race, creed, color, disability, sex, sexual orientation or national 5 origin; 6 (c) That there may be deducted from the amount payable to the contrac- 7 tor by the state or municipality under this contract a penalty of fifty 8 dollars for each person for each calendar day during which such person 9 was discriminated against or intimidated in violation of the provisions 10 of the contract; 11 (d) That this contract may be [cancelled] canceled or terminated by 12 the state or municipality, and all moneys due or to become due hereunder 13 may be forfeited, for a second or any subsequent violation of the terms 14 or conditions of this section of the contract; and 15 (e) The aforesaid provisions of this section covering every contract 16 for or on behalf of the state or a municipality for the manufacture, 17 sale or distribution of materials, equipment or supplies shall be limit- 18 ed to operations performed within the territorial limits of the state of 19 New York. 20 § 3. Section 239 of the labor law, as added by chapter 777 of the laws 21 of 1971 and subdivisions 1, 2 and 3 as amended by chapter 770 of the 22 laws of 1986, is amended to read as follows: 23 § 239. Provisions in contracts prohibiting discrimination on account 24 of race, creed, color, national origin, age [or], sex, sexual orien- 25 tation or disability. Every contract for service work shall contain 26 provisions by which the contractor agrees: 27 (1) that in the hiring of employees for the performance of work under 28 the contract or any subcontract thereunder within the territorial limits 29 of this state, no contractor, subcontractor, nor any person acting on 30 behalf of such contractor or subcontractor, shall by reason of race, 31 creed, color, national origin, age, sex, sexual orientation or disabili- 32 ty, discriminate against any citizen of the state of New York who is 33 qualified and available to perform the work to which the employment 34 relates; 35 (2) that no contractor, subcontractor, nor any person on his behalf 36 shall, in any manner, discriminate against or intimidate any employee 37 hired for the performance of work under the contract on account of race, 38 creed, color, national origin, age, sex, sexual orientation or disabili- 39 ty; 40 (3) that there may be deducted from the amount payable to the contrac- 41 tor by the public agency under the contract a penalty of fifty dollars 42 for each person for each day during which such person was discriminated 43 against or intimidated in violation of the provisions of the contract; 44 (4) that the contract may be [cancelled] canceled or terminated by the 45 public agency, and all moneys due or to become due thereunder may be 46 forfeited for a second or any subsequent violation of the terms or 47 conditions of this section of the contract. 48 § 4. This act shall take effect immediately. Go to top Sitemap Request Information Directions and Maps