Senate Bill S8640

                                 
BILL NUMBER: S8640

SPONSOR: MARTINEZ
 
TITLE OF BILL:

An act to amend the civil service law, in relation to employment of
persons with autism spectrum disorder

 
PURPOSE:

To expand employment opportunities within state government for individ-
uals with autism spectrum disorder by authorizing designated noncompet-
itive positions reserved for qualified neurodiverse applicants, while
ensuring full access to promotional opportunities.

 
SUMMARY OF PROVISIONS:

Section 1. Sets forth legislative findings and intent, recognizing the
disproportionately high unemployment rates among individuals with autism
spectrum disorder and notes the Centers for Disease Control and
Prevention statistics.

              

Section 2. Adds a new section 55-d to the civil service law to authorize
the state civil service commission to designate, where appropriate, one
in every thirty-one positions as noncompetitive class positions to be
filled exclusively by otherwise-qualified persons with autism spectrum
disorder, and to provide that employees appointed under this section
shall be eligible to compete in promotional examinations on the same
basis as competitive class employees.

Section 3. Is the effective date.

 
JUSTIFICATION:

This bill serves to advance workforce equity by eliminating systemic
hiring barriers disproportionately affecting individuals with Autism
Spectrum Disorder (ASD) in New York, while also enhancing diversity,
productivity, and inclusivity in the state's workforce. By establishing
a specific pathway for the targeted hiring of individuals with ASD, this
bill responds to an urgent and growing need to create more comprehensive
civil service hiring practices for those on the spectrum, while also
addressing critical gaps in the state workforce.

The unemployment rate for individuals with Autism Spectrum Disorder is
alarmingly high. The Centers for Disease Control and Prevention estimate
up to 85% of autistic adults are unemployed despite possessing strong
intellectual capabilities and specialized skill sets. This situation is
compounded by pervasive barriers such as implicit bias, lack in work-
place accommodations, and misunderstandings about neurodivergent needs
in traditional hiring processes. Although individuals with ASD may
exhibit exceptional abilities in areas like problem-solving, technical
proficiency, pattern recognition, and attention to detail, these indi-
viduals are often excluded from meaningful employment opportunities
because they do not meet conventional hiring criteria.

The disproportionate unemployment faced by people with ASD is not only
an economic and social issue for individuals and families, but also
represents a missed opportunity for employers, particularly in the
public sector. Many of the state's civil service roles could be greatly
enhanced by neurodivergent individuals who can bring fresh perspectives
and specialized expertise. By creating a dedicated pathway for unemploy-
ment, this bill ensures the skills and talents of individuals with ASD
will be recognized and utilized, thus benefiting the state's workforce
and economy as a whole.

This bill aligns with the state's broader economic development goals by
ensuring public employment and opportunities are accessible to all New
Yorkers, regardless of disability status. By leveraging the talents of
individuals with ASD, the state can fill critical positions in the civil
service while addressing the growing labor shortages across various
sectors. These include positions in IT, data management, customer
service, and administrative support- all areas where neurodiverse indi-
viduals tend to excel. By investing in the abilities of individuals with
ASD and embracing inclusive hiring processes, New York will not only
provide better opportunities for those with disabilities or disorders,
but will also build a stronger, more resilient workforce capable of
meeting the challenges of the future.

 
FISCAL IMPLICATIONS:

To be deteimined.

 
EFFECTIVE DATE:
This act takes effect immediately.