S T A T E O F N E W Y O R K
________________________________________________________________________
9176
I N A S S E M B L Y
February 12, 2024
___________
Introduced by M. of A. BURDICK -- read once and referred to the Commit-
tee on Governmental Operations
AN ACT to commit New York state to becoming a model employer for people
with disabilities
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Definitions. As used in this act:
(a) "State agency" shall have the same meaning as that term in section
74 of the public officers law;
(b) "State officers and employees" shall have the meaning given to
"officer or employee of a state agency" in section 74 of the public
officers law;
(c) "Chief Disability Officer" or "CDO" shall mean the chief disabili-
ty officer described in section 4-b of the executive law; and
(d) "ACCES-VR" shall mean Adult Career and Continuing Education
Services-Vocational Rehabilitation within the education department.
§ 2. Policy statement. The state of New York shall establish best
practices to reduce, and eventually eliminate, the gap between working
people with disabilities and working people without disabilities, as
well as endeavor to increase recruitment, hiring, retention, and the
career advancement of people with disabilities in the state workforce.
§ 3. Responsibilities. (a) Each state agency within the state of New
York shall, in collaboration with the Office of the Chief Disability
Officer, develop an annual plan at the agency. The plan shall detail the
steps the agency will take to improve the hiring of people with disabil-
ities and disability inclusiveness, as well as improve the percentage of
people with disabilities hired at each agency. These plans shall be
submitted to the CDO six months from the effective date of this act, and
updated annually thereafter.
(b) The CDO shall collect data from each state agency on an annual
basis, based on voluntary self-disclosure, and shall also report, to the
best of its ability, an initial baseline number of employees with disa-
bilities within the state workforce. The CDO shall report and evaluate
the state's progress on improving the employment rate of state employees
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14441-01-4
A. 9176 2
with disabilities annually, beginning 18 months after the effective date
of this act.
(c) The CDO, in collaboration with the Division of Human Rights, the
Office of Employee Relations, and the Department of Civil Service, shall
advise all agencies on disability policy and compliance with state and
federal disability rights laws to support all agencies related to
recruitment, hiring, advancement and retention of employees with disa-
bilities, and training of state employees and managers on disability-re-
lated issues.
(d) Each state agency shall utilize best efforts and practices, with
the support of the CDO, to recruit, hire, retain, and promote career
advancement of individuals with disabilities, and to adopt best prac-
tices and strategies that will promote the recruitment, hiring, advance-
ment and retention of employees with the most significant disabilities
including the use of supported employment, individual placement with
support services, customized employment, the employment of persons with
disabilities program described in section 55-b of the civil service law
and the employment of veterans with disabilities by the state program
described in section 55-c of the civil service law, internships, and job
shadowing.
(e) The CDO, in cooperation with the Office of Information Technology
Services, Office of Employee Relations, and Department of Civil Service
shall review the state's web-based hiring portal for accessibility for
applicants with disabilities.
(f) The CDO, in cooperation with ACCES-VR and the Commission for the
Blind, shall seek opportunities to partner with their private sector
partners to match individuals with disabilities to private sector jobs.
§ 4. Training. (a) The Chief Disability Officer, in collaboration with
the Division of Human Rights, the Office of Language Access, the Office
of Employee Relations, and the Department of Civil Service, shall devel-
op a disability awareness training to build and sustain a culture of
inclusion in the workplace; said training shall include discussion of
rights to reasonable accommodation in the workplace. The CDO and these
agencies shall develop and implement training to ensure that human
resources and hiring managers are provided training in disability
rights, hiring, and workplace policies, and best practices that promote
a diverse and inclusive workforce and issue clear, written directives
prohibiting discrimination against qualified individuals with disabili-
ties. The Office of Employee Relations shall ensure that such training
is made available to state agencies covered by this act.
(b) All officers and employees of a state agency who are new to state
service shall participate in a training within sixty days of commencing
their employment, effective immediately upon completion of training
materials. Every officer and employee of a state agency shall partic-
ipate in this training every three years following their initial train-
ing session pursuant to this act, however, officers and employees of a
state agency who work in the Executive Chamber shall participate in a
training every two years following their initial training session pursu-
ant to this act.
§ 5. Agency disability contacts. (a) The Director or Commissioner of
each state agency shall, within 30 days of the effective date of this
act, designate an employee or employees who will be responsible for
overseeing the development, implementation, monitoring, and evaluation
of strategies to recruit, hire, retain, and promote career advancement
of people with disabilities, and who will serve as a contact person for
the Office of the Chief Disability Officer, ACCES-VR, the Commission for
A. 9176 3
the Blind, and other organizations that represent job seekers with disa-
bilities.
(b) Each agency's disability contact shall make best efforts to
utilize the resources, services, and funding available through ACCES-VR
and the Commission for the Blind for work-based learning experiences,
internships, and trainings for high school and college students with
disabilities including youth with significant disabilities.
§ 6. Consultation. The Chief Disability Officer shall ensure continued
development and implementation of policies adopted to meet the goals of
this act in consultation with the Office for People with Developmental
Disabilities, the Office of Mental Health, the Department of Labor, the
Department of Civil Service, ACCES-VR, the Commission for the Blind and
other organizations that represent job seekers with disabilities.
§ 7. Construction. This act shall not be construed to require any
state employee or candidate for state employment to disclose disability
status involuntarily. This act shall not create any right or benefit,
substantive or procedural, enforceable at law or in equity by any party
against the state of New York, its departments, agencies, or entities,
it officers, employees or agents, or any other person.
§ 8. This act shall take effect immediately.