Attachment L - Gender-Based Violence and Workplace Certification.pdf

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Attached to
Statewide Workforce Lifecycle Tracking System for Infrastructure Projects (NY Builds)
Solicitation number
2140589
Issued by
New York

About this file

This is a Gender-Based Violence and Workplace Certification form required by New York State Finance Law 139-M for bidders on competitive state procurements. The certification mandates that all bidders must have a written policy addressing gender-based violence and the workplace that meets specific minimum requirements. Bidders are required to certify under penalty of perjury that they have implemented such a policy and provided it to all employees, directors, and board members. The form requires an authorized executive or legal representative to sign and date the certification, with the organization's name and signatory information documented on the form.

The policy must satisfy four core requirements: displaying information about gender-based violence and the NYS Domestic and Sexual Violence Hotline where employees can access it; referring employee-survivors to the NYS Domestic and Sexual Violence Hotline or local service providers (or equivalent services for out-of-state bidders); explicitly prohibiting discrimination and retaliation against employees who identify as victims or survivors of gender-based violence; and ensuring compliance with applicable state laws, including the SAFE Leave Act and New York State Human Rights Law for New York-based employers. The New York State Office for the Prevention of Domestic Violence (OPDV) is available to provide technical assistance with policy development and implementation at workplace@opdv.ny.gov. If an organization cannot make the required certification, it must submit an attached statement with its bid explaining the reasons for non-compliance.

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Gender-Based Violence and the Workplace Certification New York State Finance Law §139-M requires bidders on competitive state procurements to certify that they have a written policy addressing gender-based violence and the workplace and that such policy meets the following minimum requirements:

● Share Information: Employers must provide information regarding gender-based violence where employees can see and access it, including displaying the NYS Domestic and Sexual Violence Hotline information and a gender-based violence and the workplace poster.

● Refer Employee-Survivors to Services: The policy must require that the employer refer employees who disclose current or past victim status to the NYS Domestic and Sexual Violence Hotline and/or a local service provider. For bidders outside of New York State, referrals should be made to a local provider or statewide hotline. While referrals are required to be provided by the employer, it is not required for the employee to access services.

● Prohibit Retaliation: The policy must clearly state that discrimination or retaliation against employees who identify as victims or survivors of gender-based violence is prohibited.

● Comply with Laws: Ensure your policy follows State law. For employers based in New York State, this means that the policy must follow the SAFE Leave Act, New York State Human Rights Law, and any other relevant laws and regulations.

● Offer Implementation Support: OPDV is able to assist employers in developing and implementing this policy. Employers must provide information to supervisors and human resources, where available, about this technical assistance from OPDV. OPDV can be contacted at workplace@opdv.ny.gov.

By submission of this bid, each bidder and each person signing on behalf of any bidder certifies, and in the case of a joint bid each party thereto certifies as to its own organization, under penalty of perjury, that the bidder has and has implemented a written policy addressing gender-based violence and the workplace and has provided such policy to all of its employees, directors and board members. Such policy shall, at a minimum, meet the requirements of subdivision 11 of section five hundred seventy-five of the executive law.

Organization’s signature below certifies its compliance with State Finance Law §139-M.

Organization: __________________________________________

By (signature): ____________________________________

Name (Please Print): _______________________________

Title: ____________________________________________

Date: ____________________

This form must be signed by an authorized executive or legal representative.

If the organization cannot make the above certification, they must provide an attached statement with their bid detailing the reasons therefor.

Attachment L mailto:workplace@opdv.ny.gov

File details come from the government source that posted it. Updated .