Assembly Bill A10610

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10610
 
                           I N  A S S E M B L Y
 
                               June 6, 2020
                                ___________
 
 Introduced  by  COMMITTEE  ON  RULES -- (at request of M. of A. Peoples-
   Stokes) -- read once and referred to  the  Committee  on  Governmental
   Employees
 
 AN  ACT  to  amend  the civil service law, in relation to establishing a
   racial equity, social justice, and implicit bias training program  for
   all civil service appointees

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The civil service law is amended by adding  a  new  section
 153 to read as follows:
   §  153.  RACIAL EQUITY, SOCIAL JUSTICE, AND IMPLICIT BIAS TRAINING. 1.
 A. THE DEPARTMENT SHALL CONSULT WITH THE DIVISION  OF  HUMAN  RIGHTS  TO
 PRODUCE  A  MODEL TRAINING PROGRAM ON RACIAL EQUITY, SOCIAL JUSTICE, AND
 IMPLICIT BIAS.
   B. SUCH MODEL RACIAL EQUITY, SOCIAL JUSTICE, AND IMPLICIT BIAS  TRAIN-
 ING PREVENTION POLICY SHALL BE INTERACTIVE AND INCLUDE:
   (I)  A  DEFINITION, EXPLANATION, AND EXAMPLES OF RACIAL EQUITY, SOCIAL
 JUSTICE, AND IMPLICIT  BIAS  CONSISTENT  WITH  GUIDANCE  ISSUED  BY  THE
 DEPARTMENT IN CONSULTATION WITH THE DIVISION OF HUMAN RIGHTS;
   (II)  EXAMPLES  OF CONDUCT THAT WOULD BE EXAMPLES OF VIOLATING EQUITY,
 SOCIAL JUSTICE, RACE, OR IMPLICIT BIAS PRINCIPLES;
   (III) INFORMATION CONCERNING BEST PRACTICES TO AVOID INEQUITY,  SOCIAL
 INJUSTICE,  RACIAL,  OR  IMPLICIT  BIAS  BY A CIVIL SERVICE APPOINTEE IN
 ACTIONS CONNECTED TO THEIR PROFESSIONAL WORK;
   (IV)  INFORMATION  REGARDING  THE  IMPACT  OF  RACIAL  EQUITY,  SOCIAL
 JUSTICE, AND IMPLICIT BIAS MAY HAVE ON INDIVIDUALS ACROSS THE STATE;
   (V)  EXAMPLES  OF RACIAL INEQUITIES AND THEIR IMPACT ON COMMUNITIES OF
 COLOR;
   (VI) INFORMATION CONCERNING  EMPLOYEES'  RIGHTS  OF  REDRESS  AND  ALL
 AVAILABLE FORUMS FOR ADJUDICATING COMPLAINTS; AND
   (VII)  ANY  OTHER INFORMATION THE DEPARTMENT AND THE DIVISION OF HUMAN
 RIGHTS DEEMS RELEVANT AND APPROPRIATE FOR SUCH A COURSE.
   C. THE DEPARTMENT SHALL INCLUDE INFORMATION  IN  SUCH  MODEL  TRAINING
 PROGRAM ADDRESSING CONDUCT BY SUPERVISORS THAT ARE CONTRARY TO ANY STATE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD16597-02-0

 A. 10610                            2
 
 POLICY  ON  RACIAL  EQUITY, SOCIAL JUSTICE, AND IMPLICIT BIAS, AND SHALL
 INCLUDE INFORMATION AS TO HOW TO REPORT  CONCERNS  REGARDING  SUPERVISOR
 CONDUCT.
   D. EVERY EMPLOYER WITH EMPLOYEES SUBJECT TO THIS CHAPTER SHALL UTILIZE
 THE  MODEL  TRAINING PROGRAM PURSUANT TO THIS SUBDIVISION OR ESTABLISH A
 TRAINING PROGRAM FOR EMPLOYEES THAT EQUALS OR EXCEEDS THE MINIMUM STAND-
 ARDS OF THIS SECTION, AND SUCH TRAINING PROGRAM HAS BEEN APPROVED BY THE
 DEPARTMENT AND THE DIVISION OF HUMAN RIGHTS.
   E. THE MODEL TRAINING PROGRAM CREATED PURSUANT TO  THIS  SECTION,  AND
 ANY  EQUIVALENT  PROGRAM SHALL BE REVIEWED AND REAPPROVED BY THE DEPART-
 MENT AND THE DIVISION OF HUMAN RIGHTS ON A BIENNIAL BASIS.
   2. EVERY PERSON WHO IS A CIVIL SERVICE APPOINTEE ON THE EFFECTIVE DATE
 OF THIS SECTION SHALL BE REQUIRED TO COMPLETE THE MODEL  RACIAL  EQUITY,
 SOCIAL JUSTICE, AND IMPLICIT BIAS TRAINING PROGRAM, PRODUCED PURSUANT TO
 SUBDIVISION  ONE  OF  THIS  SECTION,  OR  AN  EQUIVALENT APPROVED BY THE
 DEPARTMENT AND THE DIVISION OF HUMAN RIGHTS,  WITHIN  ONE  YEAR  OF  THE
 EFFECTIVE  DATE OF THIS SECTION. EACH PERSON WHO IS APPOINTED TO A CIVIL
 SERVICE POSITION AFTER THE EFFECTIVE DATE  OF  THIS  SECTION,  SHALL  BE
 REQUIRED  TO  COMPLETE  THE  MODEL  RACIAL  EQUITY,  SOCIAL JUSTICE, AND
 IMPLICIT BIAS TRAINING PROGRAM PRODUCED PURSUANT TO SUBDIVISION  ONE  OF
 THIS  SECTION, OR AN EQUIVALENT APPROVED BY THE DEPARTMENT AND THE DIVI-
 SION OF HUMAN RIGHTS, WITHIN ONE MONTH  OF  APPOINTMENT  TO  SUCH  CIVIL
 SERVICE  POSITION.  A  CIVIL SERVICE APPOINTEE SHALL BE REQUIRED TO TAKE
 SUCH TRAINING ONCE WHILE ACTIVELY EMPLOYED AS A CIVIL SERVICE APPOINTEE.
 ANY PRIOR CIVIL SERVICE APPOINTEE WHO LEAVES  CIVIL  SERVICE  EMPLOYMENT
 AFTER  THE EFFECTIVE DATE OF THIS SECTION AND LATER RETURNS TO ANY CIVIL
 SERVICE APPOINTED POSITION   SHALL BE REQUIRED  TO  COMPLETE  THE  MODEL
 TRAINING  PROGRAM  OR  AN  EQUIVALENT APPROVED BY THE DEPARTMENT AND THE
 DIVISION OF HUMAN RIGHTS WITHIN ONE MONTH OF RETURNING TO CIVIL  SERVICE
 EMPLOYMENT.
   3.  THE  DEPARTMENT  MAY  PROMULGATE ANY REGULATIONS NECESSARY FOR THE
 PURPOSES OF CARRYING OUT THE PROVISIONS OF THIS SECTION.
   4. AS USED IN THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOW-
 ING MEANINGS:
   (A) "EQUITY" MEANS FAIR AND JUST OPPORTUNITIES AND  OUTCOMES  FOR  ALL
 INDIVIDUALS.
   (B)  "SOCIAL  JUSTICE" MEANS EVERY INDIVIDUAL DESERVES TO BENEFIT FROM
 THE SAME ECONOMIC, POLITICAL AND SOCIAL RIGHTS AND  OPPORTUNITIES,  FREE
 FROM  HEALTH DISPARITIES, REGARDLESS OF RACE; SOCIOECONOMIC STATUS; AGE;
 SEX, INCLUDING ON THE BASIS OF GENDER IDENTITY OR ORIENTATION; RELIGION;
 DISABILITY; OR OTHER CHARACTERISTICS.
   (C) "RACE" MEANS A SOCIAL CONSTRUCT THAT ARTIFICIALLY  DIVIDES  PEOPLE
 INTO  DISTINCT  GROUPS BASED ON CHARACTERISTICS SUCH AS PHYSICAL APPEAR-
 ANCE,  INCLUDING  COLOR;  ANCESTRAL  HERITAGE;   CULTURAL   AFFILIATION;
 CULTURAL  HISTORY;  ETHNIC  CLASSIFICATION; AND THE SOCIAL, ECONOMIC AND
 POLITICAL NEEDS OF A SOCIETY AT A GIVEN PERIOD.
   (D) "IMPLICIT BIAS" MEANS THE ATTITUDES OR STEREOTYPES THAT AFFECT OUR
 UNDERSTANDING, ACTIONS, AND DECISIONS IN AN UNCONSCIOUS MANNER.
   § 2. This act shall take effect on the one hundred eightieth day after
 it shall have become a law. Effective  immediately,  the  department  of
 civil  service,  in  consultation  with the division of human rights, is
 authorized to create the racial equity,  social  justice,  and  implicit
 bias  training  program required to be created and published pursuant to
 section 153 of the civil service law as added by  section  one  of  this
 act.