The New York State Senate

 
                     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.