* § 312. Equal employment opportunities for minority group members and
women. 1. All state contracts and all documents soliciting bids or
proposals for state contracts shall contain or make reference to the
following provisions:

(a) The contractor will not discriminate against employees or
applicants for employment because of race, creed, color, national
origin, sex, age, disability or marital status, and will undertake or
continue existing programs of affirmative action to ensure that minority
group members and women are afforded equal employment opportunities
without discrimination. For purposes of this article affirmative action
shall mean recruitment, employment, job assignment, promotion,
upgradings, demotion, transfer, layoff, or termination and rates of pay
or other forms of compensation.

(b) At the request of the contracting agency, the contractor shall
request each employment agency, labor union, or authorized
representative of workers with which it has a collective bargaining or
other agreement or understanding, to furnish a written statement that
such employment agency, labor union or representative will not
discriminate on the basis of race, creed, color, national origin, sex,
age, disability or marital status and that such union or representative
will affirmatively cooperate in the implementation of the contractor's
obligations herein.

(c) The contractor shall state, in all solicitations or advertisements
for employees, that, in the performance of the state contract, all
qualified applicants will be afforded equal employment opportunities
without discrimination because of race, creed, color, national origin,
sex, age, disability or marital status.

2. The contractor will include the provisions of subdivision one of
this section in every subcontract, except as provided in subdivision six
of this section, in such a manner that the provisions will be binding
upon each subcontractor as to work in connection with the state
contract.

3. The provisions of this section shall not be binding upon
contractors or subcontractors in the performance of work or the
provision of services or any other activity that are unrelated, separate
or distinct from the state contract as expressed by its terms.

4. In the implementation of this section, the contracting agency shall
consider compliance by a contractor or subcontractor with the
requirements of any federal law concerning equal employment opportunity
which effectuates the purpose of this section. The contracting agency
shall determine whether the imposition of the requirements of the
provisions hereof duplicate or conflict with any such law and if such
duplication or conflict exists, the contracting agency shall waive the
applicability of this section to the extent of such duplication or
conflict.

5. The director shall promulgate rules and regulations to ensure that
contractors and subcontractors undertake programs of affirmative action
and equal employment opportunity as required by this section. Such rules
and regulations as they pertain to any particular agency shall be
developed after consultation with contracting agencies. Such rules and
regulations may require a contractor, after notice in a bid
solicitation, to submit an equal employment opportunity program after
bid opening and prior to the award of any contract, and may require the
contractor or subcontractor to submit compliance reports relating to the
contractor's or subcontractor's operation and implementation of any
equal employment opportunity program in effect as of the date the
contract is executed. The contracting agency may recommend to the
director that the director take appropriate action according to the
procedures set forth in section three hundred sixteen of this article
against the contractor for noncompliance with the requirements of this
section. The contracting agency shall be responsible for monitoring
compliance with this section.

6. The requirements of this section shall not apply to any employment
outside this state or application for employment outside this state or
solicitations or advertisements therefor, or any existing programs of
affirmative action regarding employment outside this state and the
effect of contract provisions required by subdivision one of this
section shall be so limited.

* NB Repealed December 31, 2024