NY State Senate Bill S8521B

Archive: Last Bill Status - In Senate Committee Rules Committee

Introduced
In Committee
On Floor Calendar
- Passed Senate
- Passed Assembly
Delivered to Governor
Signed/Vetoed by Governor

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Actions

view actions (5)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jul 13, 2020	print number 8521b
Jul 13, 2020	amend and recommit to rules
Jun 09, 2020	print number 8521a
Jun 09, 2020	amend (t) and recommit to rules
Jun 06, 2020	referred to rules

Bill Amendments

Original

B (Active)

Original

B (Active)

Co-Sponsors

S8521 - Details

Current Committee:: Senate Rules
Law Section:: Labor Law
Laws Affected:: Add §201-h, Lab L; add §153, Civ Serv L
Versions Introduced in 2021-2022 Legislative Session:: S5055

S8521 - Summary

Establishes a racial equity, social justice, and implicit bias training program for all state government and private employees in the state.

S8521 - Sponsor Memo

 
BILL NUMBER: S8521

SPONSOR: KENNEDY
 
TITLE OF BILL:

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

 
PURPOSE:

This legislation would amend the civil service law to require a racial
equity, social justice, and implicit bias training program for all civil
service appointees.

 
SUMMARY OF SPECIFIC PROVISIONS:

The legislation would add new section 153 to the civil service law
Section one requires that the Civil Service Department and the Division
of Human Rights develop a training program on racial equity, social
justice, and implicit bias, and outlines minimum requirements for such a

program. Additionally, this section requires that each civil service
appointee, whether new or existing at the time of the effective date,
completes said training. This section provides definitions of equity,
social justice, race, and implicit bias.

Section two establishes the effective date.

 
JUSTIFICATION:

This legislation requires the Division of Human Rights and the Civil
Service Department to collaboratively establish a training program for
civil service appointees on racial equity, social justice, and implicit
bias. Implicit racial biases shape not only individuals' cognition and
attitudes, but also their behavior. While leaders at all levels of
government may take actions to acknowledge or support racial equity and
social justice in New York State, all civil servants must be informed
and prepared to understand systemic racism in our society.

According to the Ohio State University Kirwan Institute for the Study of
Race and Ethnicity, implicit bias refers to the attitudes or stereotypes
that affect our understanding, actions, and decisions in an unconscious
manner. These biases, which can be both favorable and unfavorable, are
activated involuntarily and without an individual's awareness. These
implicit associations that individuals harbor in their subconscious
cause them to have feelings and attitudes about other people based on
characteristics such as race, ethnicity, age, and appearance. These
associations develop over the course of a lifetime through exposure to
direct and indirect messages. In addition to early life experiences, the
media and news programming are often-cited origins of implicit associ-
ations. Implicit biases, explicit biases, and structural forces are
often mutually reinforcing.

As convincing research accumulates, it is clear that educating our citi-
zens on racism, equality, and bias is no longer an option--it is a
necessity. The training required under this legislation will ensure that
civil servants, who are the professional branch of government adminis-
tration, interact with and treat individual citizens receiving services
and their colleagues with the respect they deserve.
 
LEGISLATIVE HISTORY:

New legislation

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect on the 180 days after becoming law.

S8521 - Bill Text download pdf


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

                                  8521

                            I N  S E N A T E

                              June 6, 2020
                               ___________

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

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
POLICY ON RACIAL EQUITY, SOCIAL JUSTICE, AND IMPLICIT  BIAS,  AND  SHALL

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

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

S. 8521                             2

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.

Co-Sponsors

S8521A - Details

Current Committee:: Senate Rules
Law Section:: Labor Law
Laws Affected:: Add §201-h, Lab L; add §153, Civ Serv L
Versions Introduced in 2021-2022 Legislative Session:: S5055

S8521A - Summary

Establishes a racial equity, social justice, and implicit bias training program for all state government and private employees in the state.

S8521A - Sponsor Memo

 
BILL NUMBER: S8521a

SPONSOR: KENNEDY
 
TITLE OF BILL:

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 and employees

 
PURPOSE:

This legislation would amend the civil service law to require a racial
equity, social justice, and implicit bias training program for all civil
service appointees, including managerial and confidential positions.

 
SUMMARY OF SPECIFIC PROVISIONS:

The legislation would add new section 153 to the civil service law

Section one requires that the Civil Service Department and the Division
of Human Rights develop a training program on racial equity, social

justice, and implicit bias, and outlines minimum requirements for such a
program. Additionally, this section requires that each civil service
appointee (including managerial and confidential positions), whether new
or existing at the time of the effective date, completes said training.
This section provides definitions of equity, social justice, race, and
implicit bias.

Section two establishes the effective date.

 
JUSTIFICATION:  This legislation requires the Division of Human Rights
and the Civil Service Department to collaboratively establish a training
program for civil service appointees on racial equity, social justice,
and implicit bias. Implicit racial biases shape not only individuals'
cognition and attitudes, but also their behavior. While leaders at all
levels of government may take actions to acknowledge or support racial
equity and social justice in New York State, all civil servants must be
informed and prepared to understand systemic racism in our society.

According to the Ohio State University Kirwan Institute for the Study of
Race and Ethnicity, implicit bias refers to the attitudes or stereotypes
that affect our understanding, actions, and decisions in an unconscious
manner. These biases, which can be both favorable and unfavorable, are
activated involuntarily and without an individual's awareness. These
implicit associations that individuals harbor in their subconscious
cause them to have feelings and attitudes about other people based on
characteristics such as race, ethnicity, age, and appearance. These
associations develop over the course of a lifetime through exposure to
direct and indirect messages. In addition to early life experiences, the
media and news programming are often-cited origins of implicit associ-
ations. Implicit biases, explicit biases, and structural forces are
often mutually reinforcing.

As convincing research accumulates, it is clear that educating our citi-
zens on racism, equality, and bias is no longer an option--it is a
necessity. The training required under this legislation will ensure that
all civil servants, who are the professional branch of government admin-
istration, interact with and treat individual citizens receiving
services and their colleagues with the respect they deserve.
 
LEGISLATIVE HISTORY:

New legislation

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect on the 180 days after becoming law.

S8521A - Bill Text download pdf


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

                                 8521--A

                            I N  S E N A T E

                              June 6, 2020
                               ___________

Introduced  by Sens. KENNEDY, ADDABBO, HARCKHAM, KAPLAN, KRUEGER, MARTI-
  NEZ, MAY, MAYER -- read twice and ordered printed, and when printed to
  be committed to the Committee on Rules -- committee  discharged,  bill
  amended,  ordered reprinted as amended and recommitted to said commit-
  tee

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 and employees

  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

POLICY ON RACIAL EQUITY, SOCIAL JUSTICE, AND IMPLICIT  BIAS,  AND  SHALL

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD16597-03-0

S. 8521--A                          2

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 OR EMPLOYEE,  INCLUD-
ING  BUT  NOT  LIMITED  TO MANAGERIAL AND CONFIDENTIAL POSITIONS, 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 OR EMPLOYED IN A CIVIL SERVICE POSITION, INCLUDING BUT NOT LIMITED TO
MANAGERIAL AND CONFIDENTIAL POSITIONS, 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  SUBDI-
VISION  ONE OF THIS SECTION, OR AN EQUIVALENT APPROVED BY THE DEPARTMENT
AND THE DIVISION 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.

Co-Sponsors

S8521B (ACTIVE) - Details

Current Committee:: Senate Rules
Law Section:: Labor Law
Laws Affected:: Add §201-h, Lab L; add §153, Civ Serv L
Versions Introduced in 2021-2022 Legislative Session:: S5055

S8521B (ACTIVE) - Summary

Establishes a racial equity, social justice, and implicit bias training program for all state government and private employees in the state.

S8521B (ACTIVE) - Sponsor Memo

 
BILL NUMBER: S8521B

SPONSOR: KENNEDY
 
TITLE OF BILL:

An act to amend the labor law and the civil service law, in relation to
establishing a racial equity, social justice, and implicit bias training
program for all state government and private employees in the state

 
PURPOSE:

This legislation would require a training program in racial equity,
social justice, and implicit bias to all public and private employers in
the state.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section one amends the labor law by adding a new Section 201-h to create
a racial equity, social justice, and implicit bias training program for
every private employee to take.

Section two amends the civil service law by adding a new section 153 to
create a racial equity, social justice, and implicit bias training
program for every government employee in the state.

Section two establishes the effective date.

 
JUSTIFICATION:

This legislation requires the Division of Human Rights, the Civil
Service Department and Department of Labor to collaboratively establish
a training program for civil service appointees on racial equity, social
justice, and implicit bias.  Implicit racial biases shape not only indi-
viduals' cognition and attitudes, but also their behavior. While leaders
at all levels of government may take actions to acknowledge or support
racial equity and social justice in New York State, all civil servants
must be informed and prepared to understand systemic racism in our soci-
ety.

According to the Ohio State University Kirwan Institute for the Study of
Race and Ethnicity, implicit bias refers to the attitudes or stereotypes
that affect our understanding, actions, and decisions in an unconscious
manner. These biases, which can be both favorable and unfavorable, are
activated involuntarily and without an individual's awareness. These
implicit associations that individuals harbor in their subconscious
cause them to have feelings and attitudes about other people based on
characteristics such as race, ethnicity, age, and appearance. These
associations develop over the course of a lifetime through exposure to
direct and indirect messages. In addition to early life experiences, the
media and news programming are often-cited origins of implicit associ-
ations. Implicit biases, explicit biases, and structural forces are
often mutually reinforcing.

As convincing research accumulates, it is clear that educating our citi-
zens on racism, equality, and bias is no longer an option--it is a
necessity. The training required under this legislation will ensure that
all civil servants, who are the professional branch of government admin-
istration, interact with and treat individual citizens receiving
services and their colleagues with the respect they deserve.
 
LEGISLATIVE HISTORY:

New legislation

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect on the 180 days after becoming law.

S8521B (ACTIVE) - Bill Text download pdf


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

                                 8521--B

                            I N  S E N A T E

                              June 6, 2020
                               ___________

Introduced  by Sens. KENNEDY, ADDABBO, HARCKHAM, KAPLAN, KRUEGER, MARTI-
  NEZ, MAY, MAYER -- read twice and ordered printed, and when printed to
  be committed to the Committee on Rules -- committee  discharged,  bill
  amended,  ordered reprinted as amended and recommitted to said commit-
  tee --  committee  discharged,  bill  amended,  ordered  reprinted  as
  amended and recommitted to said committee

AN  ACT to amend the labor law and the civil service law, in relation to
  establishing a racial equity, social justice, and implicit bias train-
  ing program for all state government  and  private  employees  in  the
  state

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The labor law is amended by adding a new section  201-h  to
read as follows:
  § 201-H. 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                      [ ] is old law to be omitted.
                                                           LBD16597-05-0

S. 8521--B                          2

  (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
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 IN THE STATE, BOTH PUBLIC AND PRIVATE, 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 AN EMPLOYEE IN THE STATE 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 EMPLOYED 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 DIVISION OF HUMAN RIGHTS, WITHIN ONE
MONTH OF BEING HIRED. AN EMPLOYEE SHALL BE REQUIRED TO TAKE SUCH  TRAIN-
ING ONCE WHILE ACTIVELY EMPLOYED BY AN EMPLOYER.
  3.  A. EVERY EMPLOYER IN THE STATE SHALL PROVIDE HIS OR HER EMPLOYEES,
IN WRITING IN ENGLISH AND IN THE LANGUAGE IDENTIFIED BY EACH EMPLOYEE AS
THE  PRIMARY LANGUAGE OF SUCH EMPLOYEE, AT THE TIME OF HIRING AND AT ANY
RACIAL EQUITY, SOCIAL JUSTICE, AND  IMPLICIT  BIAS  PREVENTION  TRAINING
PROVIDED  PURSUANT TO SUBDIVISION TWO OF THIS SECTION, A NOTICE CONTAIN-
ING SUCH EMPLOYER'S RACIAL EQUITY, SOCIAL  JUSTICE,  AND  IMPLICIT  BIAS
PREVENTION  POLICY  AND  THE  INFORMATION  PRESENTED  AT SUCH EMPLOYER'S
RACIAL EQUITY, SOCIAL JUSTICE, AND  IMPLICIT  BIAS  PREVENTION  TRAINING
PROGRAM.
  B.  THE COMMISSIONER SHALL PREPARE TEMPLATES OF THE MODEL RACIAL EQUI-
TY, SOCIAL JUSTICE, AND IMPLICIT  BIAS  PREVENTION  POLICY  CREATED  AND
PUBLISHED  PURSUANT  TO  SUBDIVISION  ONE  OF THIS SECTION AND THE MODEL
RACIAL EQUITY, SOCIAL JUSTICE, AND  IMPLICIT  BIAS  PREVENTION  TRAINING
PROGRAM  PRODUCED  PURSUANT  TO  SUBDIVISION  TWO  OF  THIS SECTION. THE
COMMISSIONER SHALL DETERMINE, IN HIS OR HER DISCRETION, WHICH  LANGUAGES
TO  PROVIDE  IN  ADDITION  TO ENGLISH, BASED ON THE SIZE OF THE NEW YORK
STATE POPULATION THAT SPEAKS EACH LANGUAGE AND ANY OTHER FACTOR THAT THE
COMMISSIONER SHALL DEEM RELEVANT.  ALL  SUCH  TEMPLATES  SHALL  BE  MADE
AVAILABLE  TO EMPLOYERS IN THE STATE IN SUCH MANNER AS DETERMINED BY THE
COMMISSIONER.
  C. WHEN AN EMPLOYEE IDENTIFIES  AS  HIS  OR  HER  PRIMARY  LANGUAGE  A
LANGUAGE  FOR  WHICH  A TEMPLATE IS NOT AVAILABLE FROM THE COMMISSIONER,
THE EMPLOYER SHALL  COMPLY  WITH  THIS  SUBDIVISION  BY  PROVIDING  THAT
EMPLOYEE AN ENGLISH-LANGUAGE NOTICE.
  D.  AN  EMPLOYER SHALL NOT BE PENALIZED FOR ERRORS OR OMISSIONS IN THE
NON-ENGLISH PORTIONS OF ANY NOTICE PROVIDED BY THE COMMISSIONER.
  4. THE DEPARTMENT MAY PROMULGATE ANY  REGULATIONS  NECESSARY  FOR  THE
PURPOSES OF CARRYING OUT THE PROVISIONS OF THIS SECTION.

S. 8521--B                          3

  5. 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. 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.
EVERY PERSON WHO IS A NEW YORK STATE GOVERNMENT EMPLOYEE, INCLUDING  BUT
NOT  LIMITED  TO MANAGERIAL AND CONFIDENTIAL POSITIONS, 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 SECTION TWO HUNDRED ONE-H OF THE LABOR LAW, 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  OR  EMPLOYED  AS A NEW YORK STATE GOVERNMENT EMPLOYEE, INCLUDING BUT
NOT LIMITED TO MANAGERIAL AND CONFIDENTIAL POSITIONS, AFTER  THE  EFFEC-
TIVE  DATE  OF  THIS  SECTION,  SHALL  BE REQUIRED TO COMPLETE THE MODEL
RACIAL EQUITY,  SOCIAL  JUSTICE,  AND  IMPLICIT  BIAS  TRAINING  PROGRAM
PRODUCED  PURSUANT  TO SECTION TWO HUNDRED ONE-H OF THE LABOR LAW, OR AN
EQUIVALENT APPROVED BY THE DEPARTMENT AND THE DIVISION OF HUMAN  RIGHTS,
WITHIN ONE MONTH OF BEING HIRED AS A NEW YORK STATE GOVERNMENT EMPLOYEE.
A  NEW  YORK  STATE  GOVERNMENT  EMPLOYEE SHALL BE REQUIRED TO TAKE SUCH
TRAINING ONCE WHILE ACTIVELY EMPLOYED AS A  NEW  YORK  STATE  GOVERNMENT
EMPLOYEE.  ANY PRIOR NEW YORK STATE GOVERNMENT EMPLOYEE WHO LEAVES STATE
GOVERNMENT EMPLOYMENT AFTER THE EFFECTIVE DATE OF THIS SECTION AND LATER
RETURNS TO ANY NEW YORK STATE GOVERNMENT 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  RETURN-
ING TO NEW YORK STATE GOVERNMENT EMPLOYMENT.
  § 3. This act shall take effect on the one hundred eightieth day after
it  shall  have  become  a law. Effective immediately, the department of
labor, 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  201-h
of the labor law as added by section one of this act.

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senate Bill S8521B

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