New York Imposes Additional Requirements on Public Bidders Regarding Gender-Based Violence and the Workplace – Littler Mendelson P.C.

Report on New York State Finance Law §139-m and its Alignment with Sustainable Development Goals

Introduction: Legislative Action for Gender Equality and Decent Work

The New York State Legislature has enacted State Finance Law (SFL) §139-m, a measure designed to combat gender-based violence in the workplace. This legislation represents a significant step in aligning state procurement policies with key United Nations Sustainable Development Goals (SDGs), particularly SDG 5 (Gender Equality) and SDG 8 (Decent Work and Economic Growth). By mandating specific anti-violence policies for public bidders, the state leverages its economic influence to foster safer and more equitable work environments, contributing directly to the global agenda for sustainable development.

Legislative Mandate and Scope

Effective November 5, 2025, SFL §139-m introduces a new requirement for employers participating in state-level competitive bidding processes.

1. Certification Requirement: Any employer submitting a competitive bid to a New York State public department or agency must certify, under penalty of perjury, that it has implemented a written policy addressing gender-based violence in the workplace.
2. Policy Dissemination: The certification must confirm that this policy has been provided to all employees, directors, and board members.
3. Scope of Application: The law applies to all contracts where competitive bidding is required by statute. For contracts not requiring competitive bidding, the relevant agency may require the certification at its discretion.
4. Non-Compliance Procedure: Bidders unable to provide the certification must submit a signed statement detailing the reasons for non-compliance. The state has not yet specified what reasons would be considered acceptable.

This initiative exemplifies SDG 17 (Partnerships for the Goals) by creating a public-private partnership model where state procurement power is used to advance social objectives and hold corporate partners accountable to standards that protect human rights and promote justice, a core tenet of SDG 16 (Peace, Justice and Strong Institutions).

Core Policy Requirements Aligned with SDG Targets

To comply with SFL §139-m, an employer’s policy must meet the standards outlined by the New York State Office for the Prevention of Domestic Violence (OPDV). The OPDV’s model policy, which can be adapted by employers, mandates the inclusion of several key components that directly support SDG targets.

• Information Sharing: Employers must display information regarding gender-based violence, including the NYS Domestic and Sexual Violence Hotline. This action supports SDG 5.2 (Eliminate all forms of violence against all women and girls) by ensuring access to critical information and support systems.
• Referral to Services: The policy must require employers to refer employees who disclose victim status to state or local service providers. This directly contributes to providing victims of violence with access to essential health and social services, aligning with SDG 5.
• Prohibition of Retaliation: The policy must explicitly prohibit discrimination or retaliation against employees who are victims or survivors of gender-based violence. This reinforces SDG 8.8 (Protect labour rights and promote safe and secure working environments for all workers) by ensuring job security for vulnerable employees.
• Legal Compliance: The policy must adhere to all relevant state laws, such as the SAFE Leave Act and the New York State Human Rights Law, thereby strengthening the rule of law and access to justice as envisioned in SDG 16.3.
• Implementation Support: Employers are required to inform supervisors about the technical assistance available from OPDV for policy development and implementation. This fosters institutional capacity-building, a key element of achieving all SDGs.

Conclusion: Implications for Employers and Contribution to Global Goals

The enactment of SFL §139-m obligates employers seeking public contracts in New York to proactively address gender-based violence. This is not merely a procedural requirement but a substantive commitment to creating workplaces free from violence and discrimination. By developing and implementing these policies, employers will not only ensure compliance but also make a tangible contribution to the advancement of Sustainable Development Goals. The law positions workplace safety and gender equality as integral components of corporate responsibility and sustainable economic practice, reinforcing the principles of SDG 5 and SDG 8 within the state’s economic framework.

1. Which SDGs are addressed or connected to the issues highlighted in the article?

The article discusses New York State’s new law requiring public bidders to have a policy against gender-based violence in the workplace. This initiative directly connects to several Sustainable Development Goals (SDGs) focused on equality, safe work environments, and institutional justice.

• SDG 5: Gender Equality

  This is the most prominent SDG addressed. The law, State Finance Law (SFL) §139-m, explicitly targets “gender-based violence.” By requiring employers to implement and disseminate a written policy, the state is taking direct action to create safer environments and combat a key barrier to gender equality.

• SDG 8: Decent Work and Economic Growth

  The article’s focus is on the workplace. A policy against gender-based violence is fundamental to ensuring a safe and secure working environment, which is a core component of decent work. The law uses the economic leverage of public contracts to promote these safer conditions, linking economic activity (bidding) with social responsibility.

• SDG 16: Peace, Justice and Strong Institutions

  The enactment of SFL §139-m by the New York State Legislature is an example of a strong institution creating and enforcing laws to protect individuals and reduce violence. The law establishes a legal framework and a compliance mechanism (certification in bids) to promote non-discriminatory and just practices within organizations that do business with the state.

2. What specific targets under those SDGs can be identified based on the article’s content?

The article’s details about the law and the required policy point to several specific SDG targets.

• Targets under SDG 5 (Gender Equality)

  • Target 5.2: Eliminate all forms of violence against all women and girls in the public and private spheres. The law directly addresses this target by requiring employers to implement a “written policy addressing gender-based violence and the workplace.” This is a preventative measure aimed at reducing violence within the public sphere of the workplace.
  • Target 5.1: End all forms of discrimination against all women and girls everywhere. The model policy requirements mentioned in the article include a provision that “discrimination or retaliation against employees who identify as victims or survivors of gender-based violence is prohibited.” This directly supports the goal of ending discrimination.
  • Target 5.c: Adopt and strengthen sound policies and enforceable legislation for the promotion of gender equality. The enactment of SFL §139-m is a clear example of this target in action. It is a piece of enforceable legislation that mandates corporate policies to advance gender equality and safety.

• Targets under SDG 8 (Decent Work and Economic Growth)

  • Target 8.8: Protect labour rights and promote safe and secure working environments for all workers. The entire premise of the law is to make the workplace safer. By requiring policies that provide information, refer survivors to services, and prohibit retaliation, the law actively promotes a safer and more secure working environment for employees, particularly those affected by gender-based violence.

• Targets under SDG 16 (Peace, Justice and Strong Institutions)

  • Target 16.1: Significantly reduce all forms of violence and related death rates everywhere. The law is a preventative institutional measure designed to reduce the prevalence of gender-based violence as it manifests in or affects the workplace.
  • Target 16.b: Promote and enforce non-discriminatory laws and policies for sustainable development. SFL §139-m is a non-discriminatory law that promotes a policy of safety and non-retaliation. By tying this requirement to public bidding, the state is enforcing this policy among a wide range of employers.

3. Are there any indicators mentioned or implied in the article that can be used to measure progress towards the identified targets?

Yes, the article implies several concrete indicators that can be used to measure the implementation and impact of the law, and thus progress towards the SDG targets.

• Indicators for SDG 5 Targets

  • Existence of a legal framework: The primary indicator is the enactment and enforcement of SFL §139-m itself, which serves as a measure for Target 5.c.
  • Number of employers with a compliant policy: Progress can be measured by tracking the number or percentage of companies bidding for New York State contracts that certify they “have and have implemented a written policy addressing gender-based violence.”
  • Dissemination of policies: The law requires that the bidder “has provided such policy to all of its employees, directors and board members.” An indicator would be the number of employees who have received the policy.
  • Inclusion of anti-discrimination clauses: The article states the policy must “clearly state that discrimination or retaliation…is prohibited.” The percentage of company policies that include this specific clause can be measured.

• Indicators for SDG 8 Targets

  • Availability of support information: The article specifies that 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.” A measurable indicator is the number of workplaces displaying this information.
  • Establishment of referral mechanisms: The policy must require employers to “refer employees who disclose current or past victim status to the NYS Domestic and Sexual Violence Hotline and/or a local service provider.” The existence of this formal referral process in company policies is a key indicator of a safer work environment.

• Indicators for SDG 16 Targets

  • Rate of compliance with the law: An indicator for the effectiveness of the institution (Target 16.b) is the percentage of bidders who successfully certify compliance versus those who cannot and must provide a reason.
  • Adoption of model policies: The number of employers who adopt or adapt the model policy provided by the state’s Office for the Prevention of Domestic Violence (OPDV) can be tracked as a measure of the law’s implementation.

4. Table of SDGs, Targets, and Indicators

Source: littler.com