New York Codes, Rules and Regulations
Title 9 - EXECUTIVE DEPARTMENT
Subtitle A - Governor's Office
Chapter I - Executive Orders
Part 1 - Executive Orders (Nelson A. Rockefeller)
Section 1.4 - Executive Order No. 4: Governor's 1960 code of fair practices
PREAMBLE. Our spiritual heritage proclaims the supreme worth of the individual and the equality of opportunity for each individual to pursue self-realization. This American passion for justice and equality in freedom not only stirred us to life as a nation, but has continued to serve as our national purpose.
Our capacity as a people to express this heritage, to give it newer and broader meaning and application, is again being tested today-in our nation and in the world. It is only the fullest expression of this heritage that can give meaning to our way of life.
The State of New York has been a leader in the furtherance of individual worth, justice, equality and freedom. It has been in the forefront in the elimination of discrimination based on race, color, creed or national origin, but it is imperative that our cooperative efforts be strengthened and sustained to further this noble cause.
In pursuit of the State's basic policy against discrimination, the following Code of Fair Practices shall obtain throughout the Executive Branch of State Government:
Article I
APPOINTMENT, ASSIGNMENT AND PROMOTION OF STATE PERSONNEL
State officials and supervisory employees shall appoint, assign and promote State personnel on the basis of merit and fitness, without regard to race, color, creed, national origin or age. State agencies shall bar from all employment application forms any inquiry expressing any limitation or specification as to race, color, creed, national origin or age, unless it relates to a bona fide occupational qualification.
Article II
STATE ACTION
In performing their service to the public, the agencies of the State shall not discriminate because of race, color, creed, national origin or age, nor shall they authorize the use of State facilities in furtherance of discriminatory practices.
Article III
PUBLIC CONTRACTS
Every State contract for public works or for goods or services shall contain the clauses prescribed by Section 220-e of the Labor Law barring discrimination on account of race, color, creed or national origin, and such contractual provisions shall be fully and effectively enforced.
Article IV
STATE EMPLOYMENT SERVICES
Any State agencies engaged in employment referral and placement services for private industry or public agencies shall fill all job orders on a non-discriminatory basis, and shall decline any job order carrying a specification or limitation as to race, color, creed, national origin or age, unless it relates to a bona fide occupational qualification. Information concerning employers believed to engage in discriminatory practices shall be referred by State agencies to the State Commission Against Discrimination for investigation and conciliation and, if appropriate, the matter shall then be referred to the Industrial Commissioner or Attorney General for the exercise of their statutory authority to commence proceedings before the State Commission Against Discrimination.
Article V
TRAINING FOR JOB OPPORTUNITIES
All educational and vocational guidance counseling programs and all apprenticeship and on-the-job training programs of the State shall be conducted to encourage the fullest development of interests and aptitudes, without regard to race, color, creed, national origin or age.
Article VI
STATE FINANCIAL ASSISTANCE
In granting State financial assistance, State agencies shall be vigilant to further the State's policy of non-discrimination and shall give appropriate attention to discriminatory practices engaged in by any applicant or recipient.
Article VII
STATE FORMS
All State agencies shall avoid in forms or requests for information any item or inquiry expressing any limitation or specification as to race, color, creed, national origin or age, unless the item or inquiry is expressly required by statute or is required in good faith for a proper purpose and prior notification of its use has been given by the agency to the State Commission Against Discrimination.
Article VIII
STATE LICENSING AND REGULATORY AGENCIES
Where a respondent in a proceeding before the State Commission Against Discrimination is subject to the licensing or regulatory power of another State agency, the State Commission Against Discrimination shall notify the State agency of the pendency of such proceeding. If, thereafter, the respondent is found by the State Commission Against Discrimination, after notice and an opportunity to be heard, to have engaged in a discriminatory practice, the State agency shall be so notified and shall take appropriate action consistent with the exercise of its licensing or regulatory power.
Article IX
COOPERATION WITH THE STATE COMMISSION AGAINST DISCRIMINATION
All State agencies, in accordance with the provisions and intent of the State Constitution and the State's laws against discrimination, shall cooperate fully with the State Commission Against Discrimination and duly comply with its requests and recommendations for effectuating the State's policy against discrimination.
Article X
CONDUCT BY THE STATE'S REPRESENTATIVES
State officials and employees shall be ever mindful of the democratic heritage of the State which abhors any discrimination on the basis of race, color, creed, national origin or age, and shall take all necessary steps to effectuate the provisions and intent of this Code of Fair Practices.
Article XI
PUBLICATION OF CODE OF FAIR PRACTICES
Copies of this code shall be distributed to all State officials and employees and copies shall be posted in conspicuous locations in all State facilities.
Signed: Nelson A. Rockefeller
Dated: July 15, 1960
