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Sponsors
Senator · Senate District 5
No co-sponsors yet.
History
- Referred to finance
- Referred to rules
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Prohibits state contracts with vendors that forbid employees from litigating discrimination or harassment claims
In Senate Committee · Finance · Sponsor Matthew Titone
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
BILL NUMBER:S5802
Title of bill
An act to amend the state finance law, in relation to prohibiting state contracts with vendors that forbid employees from litigating discrimination or harassment claims
Purpose
To withhold contracts from vendors which prohibit their employees from bringing discrimination or harassment claims to court.
Summary of provisions
Amends the State Finance Law by adding a new subdivision 12-a to section 163 which prohibits agencies from entering into a contract with any vendor which mandates that an employee or independent contractor performing work under the contract or subcontract resolve through private arbitration any claim under title VII of the Civil Rights Act of 1964 or any tort related to or arising out of discrimination, sexual assault or harassment, including assault and battery, intentional infliction of emotional distress, false imprisonment, or negligent hiring, supervision, or retention. The subdivision also allows an agency to waive this requirement for an emergency but then must enter the reasons for the waiver into the procurement record.
Justification
In 2005, Jamie Lee Jones, an independent contractor working for Halliburton in Baghdad made national headlines. Ms. Jones was brutally raped by her coworkers and her employment contract stipulated that claims of sexual assault could only be heard in private arbitration. Congress responded by passing legislation similar to this on the federal level. While we recognize the benefits of arbitration, that benefit must be weighed against the victim's rights to their day in court and the rights of the public to know when claims of such a nature are made against companies that are supported by tax payer dollars.
Legislative history
New Bill.
Fiscal implications
None.
Effective date
Immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.