New York Codes, Rules and Regulations
Title 9 - EXECUTIVE DEPARTMENT
Subtitle A - Governor's Office
Chapter I - Executive Orders
Part 4 - Executive Orders (Mario M. Cuomo)
Section 4.96 - Executive order no. 96: promoting a new york state policy against age discrimination in the workplace

Universal Citation: 9 NY Comp Codes Rules and Regs ยง 4.96

Current through Register Vol. 46, No. 39, September 25, 2024

WHEREAS, Age discrimination in the workplace defeats career expectations and lowers morale;

WHEREAS, The direct human and financial costs of age discrimination are considerable, and to the extend such discrimination is not confronted, it threatens the achievement of a vigorous affirmative action policy for other protected classes;

WHEREAS, Every State employee is entitled to work in an age-neutral environment with equal opportunity for hiring, promotion and retraining opportunities;

WHEREAS, Creation of a supportive work environment for employees of all ages demands more than passive observance of the letter of the laws prohibiting age discrimination, and requires a conscious and active dedication on the part of State leadership to confront and eradicate subtle but pervasive ageism; and

WHEREAS, Approximately 43 percent of the State governmental work force is 40 years and older:

NOW, THEREFORE, I, Mario M. Cuomo, Governor of the State of New York, by virtue of the authority vested in me by the Constitution and laws of the State of New York, do hereby order as follows:

I. Duties and Responsibilities of the Executive Branch.

The head of each department, agency, board, commission or other entity under the jurisdiction of the Executive Branch shall:

(a) Issue a policy statement defining and prohibiting age discrimination in the workplace. Such statement shall inform all employees that age discrimination violates State and Federal laws, and shall declare that all decisions with regard to hiring, retention, job appointments, promotions, training opportunities, recruitment and compensation shall be made without regard to an employee's age unless otherwise provided by law. Further, such statement shall address such discrimination as may be manifested in conduct, language and indirectly expressed preferences for younger workers, thereby affecting the work environment, the image and self-image of older workers.

(b) Disseminate such policy statement by providing it to all employees, by including the policy statement in orientation programs provided for new employees and by publishing the policy statement in internal agency publications.

(c) Examine the age distribution of the work force within the agency to facilitate compliance with State and Federal law and the achievement of a nondiscriminatory work environment.

(d) Conduct appropriate training with regard to attitudes and behavior typically found in the workplace which negatively affect older workers.

(e) Inform all employees of their rights of redress and the availability of compliant resolution mechanisms. Affirmative action administrators in each entity covered by this Executive Order shall have responsibility within the agency for processing complaints.

(f) Provide the Director of the State Office for the Aging, for distribution to the President of the Civil Service Commission, the Commissioner of the Division of Human Rights and the Director of the Governor's Office of Employee Relations, a copy of the policy statement with a brief description of actions taken and planned with regard to preventing and combating age discrimination in the workplace.

II. By March 1st of each year, provide the Director of the State Office for the Aging, for distribution to the Division of Human Rights and the Director of the Governor's Office of Employee Relations, an annual summary of complaints and their resolution.

III. The Director of the State Office for the Aging, in conjunction with the President of the Civil Service Commission, the Commissioner of the Division of Human Rights, and the Director of the Governor's Office of Employee Relations, shall provide such information and assistance to entities covered by this Executive Order as may be required for its implementation.

Signed: Mario M. CuomoDated: April 27, 1987

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