S T A T E O F N E W Y O R K
________________________________________________________________________
5055
2021-2022 Regular Sessions
I N S E N A T E
February 22, 2021
___________
Introduced by Sens. KENNEDY, ADDABBO, HARCKHAM, KAPLAN, KRUEGER, MAY,
MAYER -- read twice and ordered printed, and when printed to be
committed to the Committee on Labor
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.
LBD02438-02-1
S. 5055 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. 5055 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.
