Assembly Bill A10434

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10434
 
                           I N  A S S E M B L Y
 
                               March 6, 2026
                                ___________
 
 Introduced by M. of A. ZINERMAN -- read once and referred to the Commit-
   tee on Governmental Employees
 
 AN ACT to amend the civil service law and the executive law, in relation
   to establishing the "public civil rights accountability act" requiring
   civil  rights compliance certification and training for public employ-
   ees

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Short  title. This act shall be known and may be cited as
 the "public civil rights accountability act".
   § 2. Legislative findings. The legislature finds that public employees
 serve all residents of the state of New York and must uphold  the  civil
 rights protections guaranteed under federal and state law, including but
 not  limited  to  Title  VII of the Civil Rights Act of 1964 and the New
 York state human rights law.
   The legislature further finds that unlawful discrimination  undermines
 public trust, causes harm to individuals and communities, and interferes
 with the ability of public institutions to fulfill their missions.
   The  legislature  declares  that  it  is  necessary to ensure that all
 public employees receive clear notice of their obligations  under  civil
 rights law and are held accountable for violations.
   § 3. The civil service law is amended by adding a new section 159-e to
 read as follows:
   §  159-E.  CIVIL  RIGHTS COMPLIANCE CERTIFICATION. 1. DEFINITION.  FOR
 PURPOSES OF THIS SECTION, "PUBLIC EMPLOYEE" SHALL MEAN  ANY  OFFICER  OR
 EMPLOYEE  OF  THE STATE, A PUBLIC AUTHORITY, PUBLIC BENEFIT CORPORATION,
 STATE UNIVERSITY, CITY UNIVERSITY, PUBLIC SCHOOL DISTRICT, OR ANY  POLI-
 TICAL SUBDIVISION OF THE STATE.
   2. CERTIFICATION REQUIREMENT. EVERY PUBLIC EMPLOYER SHALL REQUIRE EACH
 NEWLY  HIRED  PUBLIC  EMPLOYEE  TO  COMPLETE  A  CIVIL RIGHTS COMPLIANCE
 CERTIFICATION AS A CONDITION OF  EMPLOYMENT.  SUCH  CERTIFICATION  SHALL
 INCLUDE WRITTEN ACKNOWLEDGMENT THAT SUCH EMPLOYEE:
   (A) HAS RECEIVED NOTICE OF FEDERAL AND STATE LAWS PROHIBITING DISCRIM-
 INATION, INCLUDING BUT NOT LIMITED TO:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD15041-01-6
 A. 10434                            2
 
   (I) TITLE VII OF THE CIVIL RIGHTS ACT OF 1964, AND
   (II) THE NEW YORK STATE HUMAN RIGHTS LAW;
   (B) UNDERSTANDS THEIR LEGAL OBLIGATION TO COMPLY WITH SUCH LAWS; AND
   (C)  UNDERSTANDS THAT UNLAWFUL DISCRIMINATION, HARASSMENT, OR CREATION
 OF A HOSTILE WORK OR EDUCATIONAL ENVIRONMENT MAY RESULT IN  DISCIPLINARY
 ACTION, INCLUDING TERMINATION.
   3. TRAINING REQUIREMENT. (A) ALL PUBLIC EMPLOYEES SHALL COMPLETE CIVIL
 RIGHTS AND ANTI-DISCRIMINATION TRAINING:
   (I) WITHIN NINETY DAYS OF HIRE; AND
   (II) ANNUALLY.
   (B)  SUCH TRAINING SHALL INCLUDE PREVENTION OF DISCRIMINATION BASED ON
 RACE, COLOR, NATIONAL ORIGIN, RELIGION, SEX, DISABILITY,  SEXUAL  ORIEN-
 TATION,  GENDER  IDENTITY  OR  EXPRESSION, AND ANY OTHER PROTECTED CLASS
 UNDER LAW.
   4. ENFORCEMENT. (A) FAILURE  TO  COMPLETE  CERTIFICATION  OR  TRAINING
 REQUIRED UNDER THIS SECTION MAY RESULT IN ADMINISTRATIVE ACTION, INCLUD-
 ING SUSPENSION UNTIL COMPLIANCE IS ACHIEVED.
   (B)  VIOLATION OF CIVIL RIGHTS LAWS IN THE COURSE OF PUBLIC EMPLOYMENT
 SHALL CONSTITUTE MISCONDUCT AND MAY RESULT IN DISCIPLINARY ACTION PURSU-
 ANT TO SECTION SEVENTY-FIVE OF THIS CHAPTER AND OTHER APPLICABLE LAWS.
   § 4. The executive law is amended by adding a  new  section  296-e  to
 read as follows:
   §  296-E.  CIVIL  RIGHTS  COMPLIANCE  IN PUBLIC EMPLOYMENT. ALL PUBLIC
 EMPLOYERS SHALL IMPLEMENT POLICIES AND PROCEDURES TO COMPLY WITH SECTION
 ONE HUNDRED FIFTY-NINE-E OF THE CIVIL SERVICE LAW.
   § 5. Severability clause. If any clause, sentence, paragraph, subdivi-
 sion, section or part of this act shall be  adjudged  by  any  court  of
 competent  jurisdiction  to  be invalid, such judgment shall not affect,
 impair, or invalidate the remainder thereof, but shall  be  confined  in
 its  operation  to the clause, sentence, paragraph, subdivision, section
 or part thereof directly involved in the controversy in which such judg-
 ment shall have been rendered. It is hereby declared to be the intent of
 the legislature that this act would  have  been  enacted  even  if  such
 invalid provisions had not been included herein.
   §  6.  This  act shall take effect on the ninetieth day after it shall
 have become a law.