Current through Register Vol. 46, No. 39, September 25, 2024
WHEREAS, it is a cornerstone of democratic governance of
the State of New York that every New York State employee is treated equally
before the law and has the right to full enjoyment of the protections, rights
and obligations provided by law;
WHEREAS, New York State is committed to a culture of
respect that values and promotes diversity, inclusion and equal opportunity,
free of unlawful discrimination on the basis of protected class status,
including, age, race, creed, color, sex, sexual orientation, gender identity,
national origin, military or veteran status, disability, predisposing genetic
characteristics, marital or family status, domestic violence victim status,
arrest record or criminal conviction history, or any other impermissible basis,
in all functions performed, and services offered, by New York State
employees;
WHEREAS, it is the policy of New York State to protect and
promote diversity, inclusion and equal opportunity in the State"TMs workforce
in accordance with the requirements of the New York State Human Rights Law,
Title VII of the Federal Civil Rights Act, the Americans with Disabilities Act,
and all applicable requirements of New York state and federal law;
WHEREAS, it is imperative that New York State continue its
efforts to facilitate effective, coordinated strategies for diversity and
inclusion, and for preventing and remedying discrimination and harassment at
all levels of state government, that employ best practices and make effective
use of resources across New York State agencies;
WHEREAS, New York State is committed to effectuating the
comprehensive recommendations of the Governor"TMs Advisory Council on Diversity
and Inclusion to increase diversity and inclusion in state government;
NOW, THEREFORE, I, ANDREW 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. Governor"TMs Executive Committee for
Diversity, Inclusion, and Equal Opportunity
a. The Governor's Executive Committee for
Diversity, Inclusion, and Equal Opportunity is hereby established and its
membership shall consist of the following: the Chief Diversity Officer, who
shall serve as the chairperson, the Commissioner of Civil Service who shall
serve as vice-chairperson, the Director of Budget, the Commissioner of the
Division of Human Rights, the Commissioner of Labor, the Secretary of State,
the Director of Employee Relations, the Director of Veterans"TM Affairs, and
the Commissioner of the Office for People With Developmental Disabilities.
Membership of the committee may be amended by the chairperson and
vice-chairperson, with the agreement of the current members of the committee.
The vice-chairperson shall perform the duties of the chairperson in the
chairperson's absence and at such times as the chairperson may
direct.
b. The Committee shall
advise the Governor, the Chief Diversity Officer and the Commissioner of Civil
Service in the formulation and coordination of plans, policies, and programs
relating to diversity and inclusion in all Affected State Entities, as defined
in Article II of this Order, and in assuring effective implementation of such
policies, plans, and programs by such entities.
II. Comprehensive State Diversity and
Inclusion Planning
a. Definitions: As used
herein, the following terms shall have the following meanings:
i. "Affected State Entities" shall mean (i)
all agencies and departments over which the Governor has Executive Authority;
and (ii) all public benefit corporations, public authorities and commissions,
for which the Governor appoints the Chair, Chief Executive, or the majority of
Board Members, except for the Port Authority of New York and New
Jersey.
ii. "State officer or
employee" shall have the meaning set forth in Section 73 of the New York Public
Officers Law.
b.
Responsibilities of the Commissioner of Civil Service and Chief Diversity
Officer
i. No later than December 31, 2018,
the Chief Diversity Officer and the Commissioner of Civil Service shall prepare
comprehensive statewide objectives for the employment of minorities, women,
lesbian, gay, bisexual, and transgender (LGBT) individuals, disabled persons,
and veterans, and guidelines for agencies to prepare agency diversity and
inclusion plans, including policies, objectives and implementation strategies.
Such objectives and guidelines shall be developed with the advice of the
Executive Committee for Diversity, Inclusion, and Equal Opportunity established
pursuant to Article I of this Order and shall be updated as
necessary.
ii. The Chief Diversity
Officer and the Commissioner of Civil Service shall be responsible for
monitoring the implementation of the written diversity and inclusion plans of
State agencies on a continuing basis, including the need for revising or
amending such plans and shall provide regular reports on progress to the
Governor, incorporating recommendations for improving and strengthening such
efforts.
iii. Upon a finding by the
Chief Diversity Officer and Commissioner of Civil Service of substantial
noncompliance by a State agency or department with the requirements or terms of
this Order, the Chief Diversity Officer shall notify the agency or department
of such finding and propose a remedial plan of action. The agency or department
shall have 30 days from the receipt of such notice to accept the remedial plan
or submit an alternative remedial plan acceptable to the Chief Diversity
Officer and Commissioner. The Chief Diversity Officer and Commissioner may work
directly with the agency or department to develop and implement the remedial
plan until they are satisfied that the agency or department will implement the
plan in compliance with the provisions of this Order.
iv. The Commissioner of Civil Service shall
prepare annually a report of the composition of the work force of each State
agency and department by sex and ethnic identity for all job categories, salary
grades, and civil service classifications. The Chief Diversity Officer working
in collaboration with the Commissioner of Civil Service shall also conduct
studies to identify and resolve problems in eliminating under-representation
and under-utilization of minorities, women, LGBT individuals, disabled persons,
and veterans, and shall make recommendations to the Governor concerning the
adoption or amendment of other laws, rules and regulations for the same
purpose.
v. There is hereby
established the Office of Diversity Management within the Department of Civil
Service. The Office of Diversity Management shall be responsible for assisting
the Commissioner of Civil Service and the Chief Diversity Officer in the
effective development and implementation of statewide diversity and inclusion
plans, policies, and programs. State agencies, officers and employees shall
cooperate with the Office of Diversity Management and necessary staff may be
transferred to the Office of Diversity Management pursuant to Civil Service Law
70.2.
c. Development and
Implementation of Diversity and Inclusion Programs by State Agencies
i. Each Affected State Entity shall develop a
written diversity and inclusion plan consistent with the guidelines developed
by the Chief Diversity Officer and Commissioner of Civil Service under Article
II (b)(i) of this Order.
ii. The
head of each Affected State Entity shall designate an employee as the agency's
diversity and inclusion officer and report such designation to the Chief
Diversity Officer and the Commissioner of Civil Service. The diversity and
inclusion officer shall report to the agency head and shall have such support
staff as may be appropriate to accomplish his or her duties.
iii. By December 31 of each year, beginning
in 2019, each Affected State Entity shall submit a report on diversity and
inclusion to the Chief Diversity Officer and the Commissioner of Civil Service.
Such reports shall be submitted periodically, but not less frequently than
annually, in a format and pursuant to standards issued by the Chief Diversity
Officer and the Commissioner of Civil Service, and shall include a report on
the agency's employment actions with respect to minorities, women, disabled
persons, LGBT individuals, and veterans, and shall identify the agency's
achievements, deficiencies, proposed solutions to problems, the need for
external assistance, and such other matters as may be appropriate or
requested.
iv. Each Affected State
Entity shall cooperate with the Chief Diversity Officer and the Commissioner of
Civil Service to provide any other information, data, and reports as may be
deemed necessary.
d. The
State Workforce Diversity and Inclusion Council
i. There is hereby established the State
Workforce Diversity and Inclusion Council (the "Workforce Council"). It shall
consist of the diversity and inclusion officers of each agency designated
pursuant to Article II(c)(ii) of this Order. The business of the Advisory
Council shall be conducted pursuant to by-laws adopted by the members and
subject to the approval of the Chief Diversity Officer and the Commissioner of
Civil Service.
ii. The Advisory
Council shall advise the Chief Diversity Officer, the Commissioner of Civil
Service, and the Executive Committee for Diversity, Inclusion, and Equal
Opportunity established pursuant to Article I of this Order, on all existing
and proposed policies, procedures, practices and programs relating to or
affecting affirmative action, and consistent with any request by the Chief
Diversity Officer and the Commissioner of Civil Service shall submit reports of
its activities.
III. Combating Harassment and Discrimination
in State Agencies
a. Definitions
i. "Affected State Agency" shall mean all
agencies and departments over which the Governor has executive
authority.
ii. "Protected class
discrimination" shall mean employment-related discrimination that is unlawful
pursuant to federal laws, rules or regulations and/or state laws, rules or
regulations, including but not limited to, Title VII of the Federal Civil
Rights Act, the Americans with Disabilities Act, and the New York State Human
Rights Law.
b. In order
to promote the effective, complete and timely investigation of complaints of
employment-related protected class discrimination, as of December 1, 2018, the
Governor"TMs Office of Employee Relations (GOER) shall be responsible for
conducting all investigations into employment-related discrimination complaints
filed by employees, contractors, interns or other persons engaged in employment
at Affected State Agencies as defined in Article III(a)(i) of this
Order.
c. Such Affected State
Agencies shall transfer the investigation function pursuant to Civil Service
Law 70.2 to GOER and continue to permit such employees as are assigned by GOER
to investigate complaints of protected class discrimination within their entity
and shall cooperate fully with any and all investigations.
IV. Revocation of Previous Executive Order
This Executive Order revokes and supersedes Executive Order
Number 6, dated February 18, 1983.
