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Senate Bill S5802

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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2011-S5802 (ACTIVE) - Details

See Assembly Version of this Bill:
A7001
Current Committee:
Senate Finance
Law Section:
State Finance Law
Laws Affected:
Amd ยง163, St Fin L
Versions Introduced in Other Legislative Sessions:
2013-2014: S4438, A4791
2015-2016: S1864, A2747
2017-2018: A6457
2019-2020: A7936

2011-S5802 (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-S5802 (ACTIVE) - Sponsor Memo

2011-S5802 (ACTIVE) - Bill Text download pdf 

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

                                  5802

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              June 17, 2011
                               ___________

Introduced  by  Sen.  MARCELLINO  -- read twice and ordered printed, and
  when printed to be committed to the Committee on Rules

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
COMMISSION  OF  THE  STATE THAT WAIVES THE APPLICATION OF PARAGRAPH A OF
THIS SUBDIVISION SHALL ENTER INTO THE PROCUREMENT  RECORDS  THE  REASONS
THE  WAIVER WAS NECESSARY. FOR THE PURPOSES OF THIS PARAGRAPH, "EMERGEN-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09435-04-1

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