S T A T E O F N E W Y O R K
________________________________________________________________________
4185
2023-2024 Regular Sessions
I N A S S E M B L Y
February 10, 2023
___________
Introduced by M. of A. PEOPLES-STOKES -- read once and referred to the
Committee on Governmental Employees
AN ACT to amend the labor law, in relation to establishing a model
racial equity, social justice, and implicit bias training program
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-i to
read as follows:
§ 201-I. 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 PROGRAM 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.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00058-02-3
A. 4185 2
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. 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. THE COMMISSIONER SHALL PREPARE TEMPLATES OF THE MODEL RACIAL EQUI-
TY, SOCIAL JUSTICE, AND IMPLICIT BIAS TRAINING PROGRAM CREATED PURSUANT
TO SUBDIVISION ONE 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 UPON AN EMPLOYER'S REQUEST.
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
labor, in consultation with the division of human rights, is authorized
to create the model racial equity, social justice, and implicit bias
training program pursuant to section 201-i of the labor law as added by
section one of this act.