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Assembly Bill A7001

2011-2012 Legislative Session

Prohibits state contracts with vendors that forbid employees from litigating discrimination or harassment claims

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Archive: Last Bill Status - In Senate Committee Finance Committee

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Bill Amendments

co-Sponsors

multi-Sponsors

2011-A7001 - Details

Current Committee:
Senate Finance
Law Section:
State Finance Law
Laws Affected:
Amd §112, St Fin L
Versions Introduced in Other Legislative Sessions:
2013-2014: A4791
2015-2016: A2747
2017-2018: A6457
2019-2020: A7936

2011-A7001 - Summary

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.

2011-A7001 - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  7001

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                              April 7, 2011
                               ___________

Introduced by M. of A. TITONE -- read once and referred to the Committee
  on Governmental Operations

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:

  Section  1.  Subdivision  2 of section 112 of the state finance law is
amended by adding a new paragraph (c) to read as follows:
  (C) THE STATE SHALL NOT ENTER  INTO,  AND  THE  COMPTROLLER  SHALL  BE
PROHIBITED  FROM  APPROVING,  CONTRACTS WITH ANY VENDOR THAT REQUIRES AN
EMPLOYEE OR INDEPENDENT CONTRACTOR PERFORMING WORK UNDER  SUCH  VENDOR'S
CONTRACT  OR SUBCONTRACT TO SUBMIT CLAIMS ARISING UNDER TITLE VII OF THE
CIVIL RIGHTS ACT OF 1964 OR ANY TORT RELATED TO OR ARISING FROM DISCRIM-
INATION, SEXUAL ASSAULT  OR  HARASSMENT,  INCLUDING:  ASSAULT,  BATTERY,
INTENTIONAL  INFLICTION  OF  EMOTIONAL  DISTRESS,  FALSE IMPRISONMENT OR
NEGLIGENT HIRING, SUPERVISION OR RETENTION TO  PRIVATE  ARBITRATION  FOR
RESOLUTION;  PROVIDING,  HOWEVER, THAT THIS PARAGRAPH SHALL NOT APPLY TO
ARBITRATION THAT  IS  MANDATED  BY  A  COLLECTIVE  BARGAINING  AGREEMENT
BETWEEN SUCH VENDOR AND EMPLOYEE AND/OR INDEPENDENT CONTRACTOR.
  S 2. This act shall take effect immediately.




 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09435-01-1

co-Sponsors

multi-Sponsors

2011-A7001A (ACTIVE) - Details

Current Committee:
Senate Finance
Law Section:
State Finance Law
Laws Affected:
Amd §112, St Fin L
Versions Introduced in Other Legislative Sessions:
2013-2014: A4791
2015-2016: A2747
2017-2018: A6457
2019-2020: A7936

2011-A7001A (ACTIVE) - Summary

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.

2011-A7001A (ACTIVE) - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 7001--A

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                              April 7, 2011
                               ___________

Introduced  by  M. of A. TITONE, GOTTFRIED, P. RIVERA, MILLMAN, BRONSON,
  GIBSON, LAVINE, COOK -- Multi-Sponsored  by  --  M.  of  A.  ABINANTI,
  AUBRY,  BRENNAN,  GALEF,  GLICK,  JEFFRIES,  SWEENEY  -- 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:

  Section 1. Section 163 of the state finance law is amended by adding a
new subdivision 12-a to read as follows:
  12-A.  CERTAIN  CONTRACT PROVISIONS PROHIBITED.  A. NO AGENCY, DEPART-
MENT, DIVISION, BOARD, BUREAU, OR COMMISSION OF THE  STATE  SHALL  ENTER
INTO  CONTRACTS WITH ANY VENDOR THAT REQUIRES AN EMPLOYEE OR INDEPENDENT
CONTRACTOR PERFORMING WORK UNDER SUCH VENDOR'S CONTRACT  OR  SUBCONTRACT
TO SUBMIT CLAIMS ARISING UNDER TITLE VII OF THE CIVIL RIGHTS ACT OF 1964
OR ANY TORT RELATED TO OR ARISING FROM DISCRIMINATION, SEXUAL ASSAULT OR
HARASSMENT,  INCLUDING:  ASSAULT,  BATTERY,  INTENTIONAL  INFLICTION  OF
EMOTIONAL DISTRESS, FALSE IMPRISONMENT OR NEGLIGENT HIRING,  SUPERVISION
OR  RETENTION  TO PRIVATE ARBITRATION FOR RESOLUTION; PROVIDED, HOWEVER,
THAT THIS PARAGRAPH SHALL NOT APPLY TO ARBITRATION THAT IS MANDATED BY A
COLLECTIVE BARGAINING AGREEMENT BETWEEN SUCH VENDOR AND EMPLOYEE  AND/OR
INDEPENDENT CONTRACTOR.
  B.  AN  AGENCY,  DEPARTMENT, DIVISION, BOARD, BUREAU, OR COMMISSION OF
THE STATE CAN WAIVE THE REQUIREMENTS OF PARAGRAPH A OF THIS  SUBDIVISION
WHEN NECESSARY TO RESPOND TO AN EMERGENCY ARISING FROM UNFORESEEN CAUSES
PURSUANT  TO PARAGRAPH B OF SUBDIVISION TEN OF THIS SECTION. THE TERM OF
THE CONTRACT SHALL NOT BE FOR LONGER THAN NECESSARY TO RESPOND ADEQUATE-
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.
                                                           LBD09435-03-1

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