Bill Text: NY A09176 | 2023-2024 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Creates an advisory board to New York's office of the chief disability officer to review the office of the chief disability officer's operations and make recommendations relating to the office of the chief disability officer's policies and procedures.

Spectrum: Moderate Partisan Bill (Democrat 5-1)

Status: (Introduced) 2024-04-03 - print number 9176a [A09176 Detail]

Download: New_York-2023-A09176-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          9176

                   IN ASSEMBLY

                                    February 12, 2024
                                       ___________

        Introduced  by M. of A. BURDICK -- read once and referred to the Commit-
          tee on Governmental Operations

        AN ACT to commit New York state to becoming a model employer for  people
          with disabilities

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Definitions. As used in this act:
     2    (a) "State agency" shall have the same meaning as that term in section
     3  74 of the public officers law;
     4    (b) "State officers and employees" shall have  the  meaning  given  to
     5  "officer  or  employee  of  a  state agency" in section 74 of the public
     6  officers law;
     7    (c) "Chief Disability Officer" or "CDO" shall mean the chief disabili-
     8  ty officer described in section 4-b of the executive law; and
     9    (d) "ACCES-VR"  shall  mean  Adult  Career  and  Continuing  Education
    10  Services-Vocational Rehabilitation within the education department.
    11    §  2.  Policy  statement.  The  state of New York shall establish best
    12  practices to reduce, and eventually eliminate, the gap  between  working
    13  people  with  disabilities  and  working people without disabilities, as
    14  well as endeavor to increase recruitment,  hiring,  retention,  and  the
    15  career advancement of people with disabilities in the state workforce.
    16    §  3.  Responsibilities. (a) Each state agency within the state of New
    17  York shall, in collaboration with the Office  of  the  Chief  Disability
    18  Officer, develop an annual plan at the agency. The plan shall detail the
    19  steps the agency will take to improve the hiring of people with disabil-
    20  ities and disability inclusiveness, as well as improve the percentage of
    21  people  with  disabilities  hired  at  each agency. These plans shall be
    22  submitted to the CDO six months from the effective date of this act, and
    23  updated annually thereafter.
    24    (b) The CDO shall collect data from each state  agency  on  an  annual
    25  basis, based on voluntary self-disclosure, and shall also report, to the
    26  best  of its ability, an initial baseline number of employees with disa-
    27  bilities within the state workforce. The CDO shall report  and  evaluate
    28  the state's progress on improving the employment rate of state employees

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14441-01-4
        A. 9176                             2

     1  with disabilities annually, beginning 18 months after the effective date
     2  of this act.
     3    (c)  The  CDO, in collaboration with the Division of Human Rights, the
     4  Office of Employee Relations, and the Department of Civil Service, shall
     5  advise all agencies on disability policy and compliance with  state  and
     6  federal  disability  rights  laws  to  support  all  agencies related to
     7  recruitment, hiring, advancement and retention of employees  with  disa-
     8  bilities, and training of state employees and managers on disability-re-
     9  lated issues.
    10    (d)  Each  state agency shall utilize best efforts and practices, with
    11  the support of the CDO, to recruit, hire,  retain,  and  promote  career
    12  advancement  of  individuals  with disabilities, and to adopt best prac-
    13  tices and strategies that will promote the recruitment, hiring, advance-
    14  ment and retention of employees with the most  significant  disabilities
    15  including  the  use  of  supported employment, individual placement with
    16  support services, customized employment, the employment of persons  with
    17  disabilities  program described in section 55-b of the civil service law
    18  and the employment of veterans with disabilities by  the  state  program
    19  described in section 55-c of the civil service law, internships, and job
    20  shadowing.
    21    (e)  The CDO, in cooperation with the Office of Information Technology
    22  Services, Office of Employee Relations, and Department of Civil  Service
    23  shall  review  the state's web-based hiring portal for accessibility for
    24  applicants with disabilities.
    25    (f) The CDO, in cooperation with ACCES-VR and the Commission  for  the
    26  Blind,  shall  seek  opportunities  to partner with their private sector
    27  partners to match individuals with disabilities to private sector jobs.
    28    § 4. Training. (a) The Chief Disability Officer, in collaboration with
    29  the Division of Human Rights, the Office of Language Access, the  Office
    30  of Employee Relations, and the Department of Civil Service, shall devel-
    31  op  a  disability  awareness  training to build and sustain a culture of
    32  inclusion in the workplace; said training shall  include  discussion  of
    33  rights  to  reasonable accommodation in the workplace. The CDO and these
    34  agencies shall develop and  implement  training  to  ensure  that  human
    35  resources  and  hiring  managers  are  provided  training  in disability
    36  rights, hiring, and workplace policies, and best practices that  promote
    37  a  diverse  and  inclusive workforce and issue clear, written directives
    38  prohibiting discrimination against qualified individuals with  disabili-
    39  ties.  The  Office of Employee Relations shall ensure that such training
    40  is made available to state agencies covered by this act.
    41    (b) All officers and employees of a state agency who are new to  state
    42  service  shall participate in a training within sixty days of commencing
    43  their employment, effective  immediately  upon  completion  of  training
    44  materials.  Every  officer  and employee of a state agency shall partic-
    45  ipate in this training every three years following their initial  train-
    46  ing  session  pursuant to this act, however, officers and employees of a
    47  state agency who work in the Executive Chamber shall  participate  in  a
    48  training every two years following their initial training session pursu-
    49  ant to this act.
    50    §  5.  Agency disability contacts. (a) The Director or Commissioner of
    51  each state agency shall, within 30 days of the effective  date  of  this
    52  act,  designate  an  employee  or  employees who will be responsible for
    53  overseeing the development, implementation, monitoring,  and  evaluation
    54  of  strategies  to recruit, hire, retain, and promote career advancement
    55  of people with disabilities, and who will serve as a contact person  for
    56  the Office of the Chief Disability Officer, ACCES-VR, the Commission for
        A. 9176                             3

     1  the Blind, and other organizations that represent job seekers with disa-
     2  bilities.
     3    (b)  Each  agency's  disability  contact  shall  make  best efforts to
     4  utilize the resources, services, and funding available through  ACCES-VR
     5  and  the  Commission  for the Blind for work-based learning experiences,
     6  internships, and trainings for high school  and  college  students  with
     7  disabilities including youth with significant disabilities.
     8    § 6. Consultation. The Chief Disability Officer shall ensure continued
     9  development  and implementation of policies adopted to meet the goals of
    10  this act in consultation with the Office for People  with  Developmental
    11  Disabilities,  the Office of Mental Health, the Department of Labor, the
    12  Department of Civil Service, ACCES-VR, the Commission for the Blind  and
    13  other organizations that represent job seekers with disabilities.
    14    §  7.  Construction.  This  act  shall not be construed to require any
    15  state employee or candidate for state employment to disclose  disability
    16  status  involuntarily.  This  act shall not create any right or benefit,
    17  substantive or procedural, enforceable at law or in equity by any  party
    18  against  the  state of New York, its departments, agencies, or entities,
    19  it officers, employees or agents, or any other person.
    20    § 8. This act shall take effect immediately.