S T A T E O F N E W Y O R K
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11095
I N A S S E M B L Y
April 24, 2026
___________
Introduced by M. of A. JACKSON -- read once and referred to the Commit-
tee on Governmental Employees
AN ACT to amend the civil service law, in relation to establishing the
committee for diversity, inclusion, and equal opportunity, the office
of diversity management, and the state workforce diversity and inclu-
sion council to ensure diversity and inclusion at certain state enti-
ties and combat harassment and discrimination in the workplace
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The civil service law is amended by adding a new article
11-C to read as follows:
ARTICLE XI-C
DIVERSITY, INCLUSION, AND EQUAL OPPORTUNITY
SECTION 179. DEFINITIONS.
179-A. COMMITTEE FOR DIVERSITY, INCLUSION, AND EQUAL OPPORTU-
NITY.
179-B. OFFICE OF DIVERSITY MANAGEMENT.
179-C. COMPREHENSIVE STATE DIVERSITY AND INCLUSION PLANNING.
179-D. THE STATE WORKFORCE DIVERSITY AND INCLUSION COUNCIL.
179-E. COMBATING HARASSMENT AND DISCRIMINATION IN STATE AGEN-
CIES.
§ 179. DEFINITIONS. AS USED IN THIS ARTICLE:
(A) "COMMITTEE" SHALL MEAN THE COMMITTEE FOR DIVERSITY, INCLUSION, AND
EQUAL OPPORTUNITY ESTABLISHED BY THIS ARTICLE.
(B) "OFFICE" SHALL MEAN THE OFFICE OF DIVERSITY MANAGEMENT ESTABLISHED
BY THIS ARTICLE.
(C) "PROTECTED CLASS DISCRIMINATION" SHALL MEAN EMPLOYMENT-RELATED
DISCRIMINATION THAT IS UNLAWFUL PURSUANT TO FEDERAL LAWS, RULES OR REGU-
LATIONS AND/OR STATE LAWS, RULES OR REGULATIONS, INCLUDING BUT NOT
LIMITED TO, TITLE VII OF THE FEDERAL CIVIL RIGHTS ACT, THE AMERICANS
WITH DISABILITIES ACT, AND ARTICLE FIFTEEN OF THE EXECUTIVE LAW.
(D) "STATE ENTITIES" SHALL MEAN: (I) ANY STATE DEPARTMENT, BOARD,
BUREAU, COMMISSION, DIVISION, OFFICE, COUNCIL OR AGENCY OVER WHICH THE
GOVERNOR HAS EXECUTIVE AUTHORITY; AND (II) ANY PUBLIC BENEFIT CORPO-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD15289-01-6
A. 11095 2
RATION, PUBLIC AUTHORITY AND COMMISSION, FOR WHICH THE GOVERNOR APPOINTS
THE CHAIR, CHIEF EXECUTIVE, OR THE MAJORITY OF BOARD MEMBERS, EXCEPT FOR
THE PORT AUTHORITY OF NEW YORK AND NEW JERSEY.
(E) "STATE OFFICER OR EMPLOYEE" SHALL HAVE THE SAME MEANING AS SET
FORTH IN SECTION SEVENTY-THREE OF THE PUBLIC OFFICERS LAW.
(F) "WORKFORCE COUNCIL" SHALL MEAN THE STATE WORKFORCE DIVERSITY AND
INCLUSION COUNCIL ESTABLISHED BY THIS ARTICLE.
§ 179-A. COMMITTEE FOR DIVERSITY, INCLUSION, AND EQUAL OPPORTUNITY.
(A) THE COMMITTEE FOR DIVERSITY, INCLUSION, AND EQUAL OPPORTUNITY IS
HEREBY ESTABLISHED AND ITS MEMBERSHIP SHALL CONSIST OF: THE CHIEF DIVER-
SITY OFFICER, WHO SHALL SERVE AS THE CHAIRPERSON, THE PRESIDENT WHO
SHALL SERVE AS VICE-CHAIRPERSON, THE DIRECTOR OF BUDGET, THE COMMISSION-
ER OF THE DIVISION OF HUMAN RIGHTS, THE COMMISSIONER OF LABOR, THE
SECRETARY OF STATE, THE DIRECTOR OF EMPLOYEE RELATIONS, THE COMMISSIONER
OF VETERANS' SERVICES, AND THE COMMISSIONER OF THE OFFICE FOR PEOPLE
WITH DEVELOPMENTAL DISABILITIES. MEMBERSHIP OF THE COMMITTEE MAY BE
AMENDED BY THE CHAIRPERSON AND VICE-CHAIRPERSON, WITH THE AGREEMENT OF
THE CURRENT MEMBERS OF THE COMMITTEE. THE VICE-CHAIRPERSON SHALL PERFORM
THE DUTIES OF THE CHAIRPERSON IN THE CHAIRPERSON'S ABSENCE AND AT SUCH
TIMES AS THE CHAIRPERSON MAY DIRECT.
(B) THE COMMITTEE SHALL ADVISE THE GOVERNOR, THE CHIEF DIVERSITY OFFI-
CER, THE PRESIDENT, AND THE OFFICE IN THE FORMULATION AND COORDINATION
OF PLANS, POLICIES, AND PROGRAMS RELATING TO DIVERSITY AND INCLUSION IN
STATE ENTITIES AND IN ASSURING EFFECTIVE IMPLEMENTATION OF SUCH POLI-
CIES, PLANS, AND PROGRAMS BY SUCH ENTITIES.
(C) THE MEMBERS OF THE COMMITTEE SHALL BE PAID THE NECESSARY EXPENSES
INCURRED IN THE DISCHARGE OF THEIR DUTIES.
§ 179-B. OFFICE OF DIVERSITY MANAGEMENT. (A) THE OFFICE OF DIVERSITY
MANAGEMENT IS HEREBY ESTABLISHED WITHIN THE DEPARTMENT.
(B) THE HEADS OF THE OFFICE SHALL BE THE CHIEF DIVERSITY OFFICER AND
THE PRESIDENT.
(C) STATE ENTITIES AND OFFICERS AND EMPLOYEES THEREOF SHALL COOPERATE
WITH THE OFFICE AND RENDER SUCH ASSISTANCE TO THE OFFICE AS IT MAY
REQUEST IN CONNECTION WITH THIS ARTICLE.
(D) NECESSARY STAFF MAY BE TRANSFERRED TO THE OFFICE FROM ANY STATE
ENTITY.
§ 179-C. COMPREHENSIVE STATE DIVERSITY AND INCLUSION PLANNING. (A) THE
OFFICE SHALL:
(I) PREPARE COMPREHENSIVE STATEWIDE OBJECTIVES FOR THE EMPLOYMENT OF
MINORITIES, WOMEN, LESBIAN, GAY, BISEXUAL, AND TRANSGENDER INDIVIDUALS,
DISABLED PERSONS, AND VETERANS, AND GUIDELINES FOR STATE ENTITIES TO
PREPARE DIVERSITY AND INCLUSION PLANS, INCLUDING POLICIES, OBJECTIVES
AND IMPLEMENTATION STRATEGIES. SUCH OBJECTIVES AND GUIDELINES SHALL BE
DEVELOPED WITH THE ADVICE OF THE COMMITTEE AND SHALL BE UPDATED AS
NECESSARY.
(II) BE RESPONSIBLE FOR MONITORING THE IMPLEMENTATION OF DIVERSITY AND
INCLUSION PLANS OF STATE ENTITIES ON A CONTINUING BASIS, INCLUDING THE
NEED FOR REVISING OR AMENDING SUCH PLANS AND SHALL PROVIDE ANNUAL
REPORTS ON PROGRESS TO THE GOVERNOR, INCORPORATING RECOMMENDATIONS FOR
IMPROVING AND STRENGTHENING SUCH EFFORTS.
(III) UPON A FINDING BY THE OFFICE OF SUBSTANTIAL NONCOMPLIANCE BY A
STATE ENTITY WITH THE REQUIREMENTS OR TERMS OF THIS ARTICLE, NOTIFY SUCH
ENTITY OF SUCH FINDING AND PROPOSE A REMEDIAL PLAN OF ACTION. THE ENTITY
SHALL, WITHIN THIRTY DAYS OF THE RECEIPT OF SUCH NOTICE, ACCEPT SUCH
REMEDIAL PLAN OR SUBMIT AN ALTERNATIVE REMEDIAL PLAN ACCEPTABLE TO THE
OFFICE. THE OFFICE MAY WORK DIRECTLY WITH THE ENTITY TO DEVELOP AND
A. 11095 3
IMPLEMENT THE REMEDIAL PLAN UNTIL THE OFFICE IS SATISFIED THAT THE ENTI-
TY WILL IMPLEMENT THE PLAN IN COMPLIANCE WITH THE PROVISIONS OF THIS
ARTICLE.
(IV) PREPARE ANNUALLY A REPORT TO THE GOVERNOR OF THE COMPOSITION OF
THE WORK FORCE OF EACH STATE ENTITY BY SEX AND ETHNIC IDENTITY FOR ALL
JOB CATEGORIES, SALARY GRADES, AND CIVIL SERVICE CLASSIFICATIONS. THE
OFFICE SHALL ALSO CONDUCT STUDIES TO IDENTIFY AND RESOLVE THE UNDER-RE-
PRESENTATION AND UNDER-UTILIZATION OF MINORITIES, WOMEN, LESBIAN, GAY,
BISEXUAL, AND TRANSGENDER INDIVIDUALS, DISABLED PERSONS, AND VETERANS,
AND SHALL INCLUDE IN SUCH REPORT THE FINDINGS OF SUCH STUDIES AND ANY
RECOMMENDATIONS CONCERNING THE ADOPTION OR AMENDMENT OF OTHER LAWS,
RULES AND REGULATIONS FOR THE SAME PURPOSE.
(B) STATE ENTITIES SHALL:
(I) DEVELOP A WRITTEN DIVERSITY AND INCLUSION PLAN CONSISTENT WITH THE
GUIDELINES DEVELOPED BY THE OFFICE UNDER THIS ARTICLE.
(II) HAVE AN EMPLOYEE DESIGNATED AS THE ENTITY'S DIVERSITY AND INCLU-
SION OFFICER AND REPORT SUCH DESIGNATION TO THE OFFICE. SUCH DIVERSITY
AND INCLUSION OFFICER SHALL REPORT TO THE ENTITY HEAD AND SHALL HAVE
SUCH SUPPORT STAFF AS MAY BE APPROPRIATE TO ACCOMPLISH THEIR DUTIES.
(III) ANNUALLY SUBMIT A REPORT ON DIVERSITY AND INCLUSION TO THE
OFFICE. SUCH REPORTS SHALL BE SUBMITTED IN A FORMAT AND PURSUANT TO
STANDARDS ISSUED BY THE OFFICE, AND SHALL INCLUDE A REPORT ON THE ENTI-
TY'S EMPLOYMENT ACTIONS WITH RESPECT TO MINORITIES, WOMEN, LESBIAN, GAY,
BISEXUAL, AND TRANSGENDER INDIVIDUALS, DISABLED PERSONS, AND VETERANS,
AND SHALL IDENTIFY THE ENTITY'S ACHIEVEMENTS, DEFICIENCIES, PROPOSED
SOLUTIONS TO PROBLEMS, THE NEED FOR EXTERNAL ASSISTANCE, AND SUCH OTHER
MATTERS AS MAY BE APPROPRIATE OR REQUESTED.
§ 179-D. THE STATE WORKFORCE DIVERSITY AND INCLUSION COUNCIL. (A)
THERE IS HEREBY ESTABLISHED THE STATE WORKFORCE DIVERSITY AND INCLUSION
COUNCIL. THE WORKFORCE COUNCIL SHALL CONSIST OF THE DIVERSITY AND INCLU-
SION OFFICERS OF EACH STATE ENTITY. THE WORKFORCE COUNCIL SHALL CONDUCT
BUSINESS PURSUANT TO BY-LAWS ADOPTED BY ITS MEMBERS WHICH SHALL BE
SUBJECT TO THE APPROVAL OF THE CHIEF DIVERSITY OFFICER AND THE PRESI-
DENT.
(B) THE WORKFORCE COUNCIL SHALL ADVISE THE COMMITTEE AND THE OFFICE ON
ALL EXISTING AND PROPOSED POLICIES, PROCEDURES, PRACTICES AND PROGRAMS
RELATING TO OR AFFECTING AFFIRMATIVE ACTION.
(C) THE WORKFORCE COUNCIL SHALL SUBMIT REPORTS OF ITS ACTIVITIES TO
THE COMMITTEE OR THE OFFICE UPON REQUEST CONSISTENT WITH SUCH REQUEST.
§ 179-E. COMBATING HARASSMENT AND DISCRIMINATION IN STATE AGENCIES. IN
ORDER TO PROMOTE THE EFFECTIVE, COMPLETE AND TIMELY INVESTIGATION OF
COMPLAINTS OF EMPLOYMENT-RELATED PROTECTED CLASS DISCRIMINATION, THE
OFFICE OF EMPLOYEE RELATIONS SHALL BE RESPONSIBLE FOR CONDUCTING ALL
INVESTIGATIONS INTO EMPLOYMENT-RELATED DISCRIMINATION COMPLAINTS FILED
BY EMPLOYEES, CONTRACTORS, INTERNS OR OTHER PERSONS ENGAGED IN EMPLOY-
MENT AT STATE ENTITIES. STATE ENTITIES SHALL TRANSFER SUCH INVESTIGATION
FUNCTIONS TO THE OFFICE OF EMPLOYEE RELATIONS AND CONTINUE TO PERMIT
SUCH EMPLOYEES AS ARE ASSIGNED BY THE OFFICE OF EMPLOYEE RELATIONS TO
INVESTIGATE COMPLAINTS OF PROTECTED CLASS DISCRIMINATION WITHIN SUCH
ENTITY AND SHALL COOPERATE FULLY WITH ANY AND ALL INVESTIGATIONS.
§ 2. This act shall take effect immediately.