Bill Text: NY S01125 | 2023-2024 | General Assembly | Introduced
Bill Title: Relates to establishing goals for participation by individuals with disabilities with respect to state employment, state contracts, legislative employment and judicial employment; establishes a goal of seven percent employment of individuals with disabilities within state agencies, the state legislature, unified court system and state contractors and subcontractors; defines terms.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2024-01-03 - REFERRED TO DISABILITIES [S01125 Detail]
Download: New_York-2023-S01125-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 1125 2023-2024 Regular Sessions IN SENATE January 10, 2023 ___________ Introduced by Sen. SKOUFIS -- read twice and ordered printed, and when printed to be committed to the Committee on Disabilities AN ACT to amend the executive law, the legislative law and the judiciary law, in relation to establishing goals for participation by individ- uals with disabilities with respect to state employment, state contracts, legislative employment and judicial employment The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The executive law is amended by adding a new article 17-C 2 to read as follows: 3 ARTICLE 17-C 4 PARTICIPATION BY INDIVIDUALS WITH DISABILITIES WITH RESPECT TO STATE 5 EMPLOYMENT AND STATE CONTRACTS 6 Section 369-aa. Definitions. 7 369-bb. Participation by individuals with disabilities with 8 respect to state employment. 9 369-cc. Participation by individuals with disabilities with 10 respect to state contracts. 11 369-dd. Invitation to self-identify. 12 369-ee. Report. 13 § 369-aa. Definitions. As used in this article, the following terms 14 shall have the following meanings: 15 1. "covered employer" shall mean a state agency, state contractor or 16 state subcontractor; 17 2. "disability" shall mean: 18 (a) with respect to an individual: 19 (i) a physical or mental impairment that substantially limits one or 20 more major life activities of such individual; 21 (ii) a record of such an impairment; or 22 (iii) being regarded as having such an impairment; EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD03648-01-3S. 1125 2 1 (b) as used in this article, the definition of "disability" shall be 2 construed in favor of broad coverage of individuals, to the maximum 3 extent permitted by law. The question of whether an individual meets the 4 definition under this article shall not demand extensive analysis; 5 (c) an impairment that substantially limits one major life activity 6 need not limit other major life activities in order to be considered a 7 disability; 8 (d) an impairment that is episodic or in remission is a disability if 9 it would substantially limit a major life activity when active; 10 3. "major life activities" shall mean: 11 (a) caring for oneself, performing manual tasks, seeing, hearing, 12 eating, sleeping, walking, standing, sitting, reaching, lifting, bend- 13 ing, speaking, breathing, learning, reading, concentrating, thinking, 14 communicating, interacting with others, and working; and 15 (b) the operation of a major bodily function, including, but not 16 limited to, functions of the immune system, special sense organs and 17 skin, normal cell growth, digestive, genitourinary, bowel, bladder, 18 neurological, brain, respiratory, circulatory, cardiovascular, endoc- 19 rine, hemic, lymphatic, musculoskeletal, and reproductive functions. The 20 operation of a major bodily function includes the operation of an indi- 21 vidual organ within a body system; 22 4. "physical or mental impairment" shall mean: 23 (a) any physiological disorder, or condition, cosmetic disfigurement, 24 or anatomical loss affecting one or more body systems such as neurologi- 25 cal, musculoskeletal, special sense organs, respiratory (including 26 speech organs), cardiovascular, reproductive, digestive, genitourinary, 27 immune, circulatory, hemic, lymphatic, skin, and endocrine; or 28 (b) any mental or psychological disorder, such as an intellectual 29 disability, organic brain syndrome, emotional or mental illness, and 30 specific learning disabilities; 31 5. "state agency" shall mean: (a)(i) any state department; or (ii) any 32 division, board, commission or bureau of any state department; or (iii) 33 the state university of New York and the city university of New York; or 34 (iv) any public authority or public benefit corporation established 35 pursuant to statute; and 36 (b) employs fifty or more employees; 37 6. "state contract" shall mean a written agreement or purchase order 38 instrument, providing for a total expenditure in excess of ten thousand 39 dollars, whereby a contracting agency is committed to expend or does 40 expend funds in return for labor, services including but not limited to 41 legal, financial and other professional services, supplies, equipment, 42 materials, the acquisition, construction, demolition, replacement, major 43 repair or renovation of real property and improvements thereon or any 44 combination of the foregoing, to be performed for, or rendered or 45 furnished to the contracting agency; 46 7. "state contractor" shall mean any person, corporation, partnership 47 or joint venture, unincorporated association holding a state contract in 48 excess of ten thousand dollars and employs fifty or more employees; 49 8. "state subcontract" shall mean a written agreement between a 50 contractor and a subcontractor: 51 (a) for the purchase, sale or use of personal property or nonpersonal 52 services (including construction) which, in whole or in part, is neces- 53 sary to the performance of any one or more state contracts; or 54 (b) under which any portion of the state contractor's obligation under 55 any one or more state contracts is performed, undertaken, or assumed; 56 andS. 1125 3 1 9. "state subcontractor" shall mean any person, corporation, partner- 2 ship or joint venture, unincorporated association holding a state 3 subcontract in excess of ten thousand dollars and employs fifty or more 4 employees. 5 § 369-bb. Participation by individuals with disabilities with respect 6 to state employment. 1. All state agencies shall not discriminate 7 because of physical or mental disability and shall take affirmative 8 action to employ and advance in employment qualified individuals with 9 disabilities at all levels of employment, including taking affirmative 10 action to achieve seven percent employment of individuals with disabili- 11 ties within each state agency. 12 2. (a) Each state agency shall annually evaluate its employment of 13 individuals with disabilities. 14 (b) State agencies not meeting the goal of seven percent employment 15 shall take steps to determine whether and where impediments to equal 16 employment opportunity exist. When making this determination, each state 17 agency shall assess its personnel processes, the effectiveness of its 18 outreach and recruitment efforts, the results of its affirmative action 19 evaluation, and any other areas that might affect its success in employ- 20 ment. 21 3. Each state agency shall develop and execute action-oriented 22 programs designed to correct any areas identified in subdivision two of 23 this section. These action-oriented programs may include the modifica- 24 tion of personnel processes to ensure equal employment opportunity for 25 individuals with disabilities, alternative or additional outreach and 26 recruitment efforts, and/or other actions designed to correct the iden- 27 tified problem areas and attain the established goal. 28 4. A state agency's determination that it has not attained the employ- 29 ment goal established in subdivision one of this section does not 30 constitute either a finding or admission of discrimination in violation 31 of this section. 32 5. The employment goal established in subdivision one of this section 33 shall not be used as a quota or ceiling that limits or restricts the 34 employment of individuals with disabilities. 35 6. The commissioner of labor, in consultation with the division of 36 human rights, shall periodically review and update, as appropriate, the 37 employment goal established in subdivision one of this section. 38 § 369-cc. Participation by individuals with disabilities with respect 39 to state contracts. 1. All state contracts and all documents soliciting 40 bids or proposals for state contracts shall contain or make reference to 41 the following: all state contractors and state subcontractors shall not 42 discriminate because of physical or mental disability and shall take 43 affirmative action to employ and advance in employment qualified indi- 44 viduals with disabilities at all levels of employment, including taking 45 affirmative action to achieve seven percent employment of individuals 46 with disabilities within each state contractor and state subcontractor's 47 workforce. 48 2. State contractors shall include the provisions of subdivision one 49 of this section in every subcontract in such a manner that the 50 provisions will be binding upon each state subcontractor as to work in 51 connection with the state contract. 52 3. The provisions of this section shall not be binding upon state 53 contractors or state subcontractors in the performance of work or the 54 provision of services or any other activity that are unrelated, separate 55 or distinct from the state contract as expressed by its terms.S. 1125 4 1 4. The commissioner of general services shall promulgate rules and 2 regulations to ensure that state contractors and state subcontractors 3 undertake programs of affirmative action and equal employment opportu- 4 nity as required by this section including: 5 (a) each state contractor and state subcontractor shall annually eval- 6 uate its employment of individuals with disabilities; 7 (b) state contractors and state subcontractors not meeting the goal of 8 seven percent employment shall take steps to determine whether and where 9 impediments to equal employment opportunity exist. When making this 10 determination, each state contractor and state subcontractor shall 11 assess its personnel processes, the effectiveness of its outreach and 12 recruitment efforts, the results of its affirmative action evaluation, 13 and any other areas that might affect its success in employment; and 14 (c) each state contractor and state subcontractor shall develop and 15 execute action-oriented programs designed to correct any areas identi- 16 fied in paragraph (b) of this subdivision. These action-oriented 17 programs may include the modification of personnel processes to ensure 18 equal employment opportunity for individuals with disabilities, alterna- 19 tive or additional outreach and recruitment efforts, and/or other 20 actions designed to correct the identified problem areas and attain the 21 established goal. 22 5. A state contractor or state subcontractor's determination that it 23 has not attained the employment goal established in subdivision one of 24 this section does not constitute either a finding or admission of 25 discrimination in violation of this section. 26 6. The employment goal established in subdivision one of this section 27 shall not be used as a quota or ceiling that limits or restricts the 28 employment of individuals with disabilities. 29 7. The commissioner of labor, in consultation with the division of 30 human rights and commissioner of general services, shall periodically 31 review and update, as appropriate, the employment goal established in 32 subdivision one of this section. 33 § 369-dd. Invitation to self-identify. 1. (a) As part of the covered 34 employer's affirmative action policy, a covered employer shall invite 35 applicants to inform the employer whether the applicant believes that he 36 or she is an individual with a disability as defined in section three 37 hundred sixty-nine-aa of this article. This invitation shall be provided 38 to each applicant when the applicant applies or is considered for 39 employment. The invitation may be included with the application materi- 40 als for a position, but shall be separate from the application. 41 (b) A covered employer shall invite an applicant to self-identify as 42 required in paragraph (a) of this subdivision using the language and 43 manner prescribed by the department of labor, in consultation with the 44 division of human rights, and published on the department of labor's 45 website. 46 2. (a) At any time after the offer of employment, but before the 47 applicant begins his or her job duties, a covered employer shall invite 48 the applicant to inform the employer whether the applicant believes that 49 he or she is an individual with a disability as defined in section three 50 hundred sixty-nine-aa of this article. 51 (b) A covered employer shall invite an applicant to self-identify as 52 required in paragraph (a) of this subdivision using the language and 53 manner prescribed by the department of labor, in consultation with the 54 division of human rights, and published on the department of labor's 55 website.S. 1125 5 1 3. A covered employer shall invite each of its employees to voluntar- 2 ily inform the employer whether the employee believes that he or she is 3 an individual with a disability as defined in section three hundred 4 sixty-nine-aa of this article. This invitation shall be extended the 5 first year the employer becomes subject to the requirements of this 6 section and at five year intervals, thereafter, using the language and 7 manner prescribed by the department of labor, in consultation with the 8 division of human rights, and published on the department of labor's 9 website. At least once during the intervening years between these invi- 10 tations, the covered employer shall remind its employees that they may 11 voluntarily update their disability status. 12 4. A covered employer may not compel or coerce an individual to self- 13 identify as an individual with a disability. 14 5. A covered employer shall keep all information on self-identifica- 15 tion confidential, and shall maintain it in a data analysis file (rather 16 than in the medical files of individual employees). The covered employer 17 shall provide self-identification information to the department of labor 18 upon request. Self-identification information may be used only in 19 accordance with this article. 20 6. Nothing in this section shall relieve the covered employer of its 21 obligation to take affirmative action with respect to those applicants 22 or employees of whose disability the covered employer has knowledge. 23 § 369-ee. Report. The commissioner of labor shall promulgate rules and 24 regulations requiring every covered employer to report, one year after 25 the effective date of this article and annually thereafter, to the 26 department of labor and the legislature on the representation of indi- 27 viduals with disabilities within its workforce and the results of 28 action-oriented plans to improve such representation. 29 § 2. The legislative law is amended by adding a new section 9-a to 30 read as follows: 31 § 9-a. Participation by individuals with disabilities with respect to 32 legislative employment. 1. For the purposes of this section, the follow- 33 ing terms shall have the following meanings: 34 (a) "disability" shall mean: 35 (i) with respect to an individual: 36 (1) a physical or mental impairment that substantially limits one or 37 more major life activities of such individual; 38 (2) a record of such an impairment; or 39 (3) being regarded as having such an impairment; 40 (ii) as used in this article, the definition of "disability" shall be 41 construed in favor of broad coverage of individuals, to the maximum 42 extent permitted by law. The question of whether an individual meets the 43 definition under this article should not demand extensive analysis; 44 (iii) an impairment that substantially limits one major life activity 45 need not limit other major life activities in order to be considered a 46 disability; 47 (iv) an impairment that is episodic or in remission is a disability if 48 it would substantially limit a major life activity when active; 49 (b) "joint legislative employer" shall mean any legislative entity 50 with fifty or more employees including but not limited to legislative 51 commissions, committees, task forces (irrespective of intended or actual 52 duration), joint legislative commissions, councils or similar bodies 53 whose membership is comprised of both senators and assembly members, or 54 which consist of commissioners, or the majority of whose membership is 55 appointed by one or more of the following: the temporary president of 56 the senate, the speaker of the assembly, the minority leader of theS. 1125 6 1 senate and/or the minority leader of the assembly, and officers and 2 employees of the legislative library, legislative health service, legis- 3 lative messenger service; 4 (c) "legislative employee" shall mean: 5 (i) an officer or employee of the senate; 6 (ii) an officer or employee of the assembly; or 7 (iii) an officer or employee of a joint legislative employer; 8 (d) "major life activities" shall mean: 9 (i) caring for oneself, performing manual tasks, seeing, hearing, 10 eating, sleeping, walking, standing, sitting, reaching, lifting, bend- 11 ing, speaking, breathing, learning, reading, concentrating, thinking, 12 communicating, interacting with others, and working; and 13 (ii) the operation of a major bodily function, including, but not 14 limited to, functions of the immune system, special sense organs and 15 skin, normal cell growth, digestive, genitourinary, bowel, bladder, 16 neurological, brain, respiratory, circulatory, cardiovascular, endoc- 17 rine, hemic, lymphatic, musculoskeletal, and reproductive functions. The 18 operation of a major bodily function includes the operation of an indi- 19 vidual organ within a body system; 20 (e) "physical or mental impairment" shall mean: 21 (i) any physiological disorder, or condition, cosmetic disfigurement, 22 or anatomical loss affecting one or more body systems such as neurologi- 23 cal, musculoskeletal, special sense organs, respiratory (including 24 speech organs), cardiovascular, reproductive, digestive, genitourinary, 25 immune, circulatory, hemic, lymphatic, skin, and endocrine; or 26 (ii) any mental or psychological disorder, such as an intellectual 27 disability, organic brain syndrome, emotional or mental illness, and 28 specific learning disabilities; and 29 (f) "state legislature" or "legislature" means the legislature of the 30 state of New York, including any committee, subcommittee, joint commit- 31 tee, select committee, or commission thereof with fifty or more employ- 32 ees. 33 2. The state legislature shall not discriminate because of physical or 34 mental disability and shall take affirmative action to employ and 35 advance in employment qualified individuals with disabilities at all 36 levels of employment, including taking affirmative action to achieve 37 seven percent employment of individuals with disabilities as legislative 38 employees. 39 3. (a) The speaker of the assembly and the temporary president of the 40 senate shall annually evaluate the legislature's employment of individ- 41 uals with disabilities. 42 (b) Upon a finding that the legislature is not meeting the goal of 43 seven percent employment, the speaker of the assembly and the temporary 44 president of the senate shall take steps to determine whether and where 45 impediments to equal employment opportunity exist. When making this 46 determination, the speaker of the assembly and the temporary president 47 of the senate shall assess its personnel processes, the effectiveness of 48 its outreach and recruitment efforts, the results of its affirmative 49 action evaluation, and any other areas that might affect its success in 50 employment. 51 4. The speaker of the assembly and the temporary president of the 52 senate shall develop and execute action-oriented programs designed to 53 correct any areas identified in subdivision three of this section. These 54 action-oriented programs may include the modification of personnel proc- 55 esses to ensure equal employment opportunity for individuals with disa- 56 bilities, alternative or additional outreach and recruitment efforts,S. 1125 7 1 and/or other actions designed to correct the identified problem areas 2 and attain the established goal. 3 5. The speaker of the assembly and the temporary president of the 4 senate's determination that the legislature has not attained the employ- 5 ment goal established in subdivision two of this section does not 6 constitute either a finding or admission of discrimination in violation 7 of this section. 8 6. The employment goal established in subdivision two of this section 9 shall not be used as a quota or ceiling that limits or restricts the 10 employment of individuals with disabilities. 11 7. The commissioner of labor, in consultation with the division of 12 human rights, shall periodically review and update, as appropriate, the 13 employment goal established in subdivision one of this section. 14 8. (a) As part of the legislature's affirmative action policy, it 15 shall invite applicants to inform the legislature whether the applicant 16 believes that he or she is an individual with a disability as defined in 17 subdivision one of this section. This invitation shall be provided to 18 each applicant when the applicant applies or is considered for employ- 19 ment. The invitation may be included with the application materials for 20 a position, but shall be separate from the application. 21 (b) The legislature shall invite an applicant to self-identify as 22 required in paragraph (a) of this subdivision using the language and 23 manner prescribed by the department of labor, in consultation with the 24 division of human rights, and published on the department of labor's 25 website. 26 9. (a) At any time after the offer of employment, but before the 27 applicant begins his or her job duties, the legislature shall invite the 28 applicant to inform the legislature whether the applicant believes that 29 he or she is an individual with a disability as defined in subdivision 30 one of this section. 31 (b) The legislature shall invite an applicant to self-identify as 32 required in paragraph (a) of this subdivision using the language and 33 manner prescribed by the department of labor, in consultation with the 34 division of human rights, and published on the department of labor's 35 website. 36 10. The legislature shall invite each of its employees to voluntarily 37 inform the legislature whether the employee believes that he or she is 38 an individual with a disability as defined in subdivision one of this 39 section. This invitation shall be extended the first year the legisla- 40 ture becomes subject to the requirements of this section and at five 41 year intervals, thereafter, using the language and manner prescribed by 42 the department of labor, in consultation with the division of human 43 rights, and published on the department of labor's website. At least 44 once during the intervening years between these invitations, the legis- 45 lature shall remind its employees that they may voluntarily update their 46 disability status. 47 11. The legislature may not compel or coerce an individual to self-i- 48 dentify as an individual with a disability. 49 12. The legislature shall keep all information on self-identification 50 confidential, and shall maintain it in a data analysis file (rather than 51 in the medical files of individual employees). The legislature shall 52 provide self-identification information to the department of labor upon 53 request. Self-identification information may be used only in accordance 54 with this section.S. 1125 8 1 13. Nothing in this section shall relieve the legislature of its obli- 2 gation to take affirmative action with respect to those applicants or 3 employees of whose disability the legislature has knowledge. 4 14. One year from the effective date of this section, the legislature 5 shall report to the department of labor on the representation of indi- 6 viduals with disabilities within its workforce and the results of 7 action-oriented plans to improve such representation. 8 § 3. The judiciary law is amended by adding a new section 219-f to 9 read as follows: 10 § 219-f. Participation by individuals with disabilities with respect 11 to judicial employment. 1. For the purposes of this section, the follow- 12 ing terms shall have the following meanings: 13 (a) "disability" shall mean: 14 (i) with respect to an individual: 15 (1) a physical or mental impairment that substantially limits one or 16 more major life activities of such individual; 17 (2) a record of such an impairment; or 18 (3) being regarded as having such an impairment; 19 (ii) as used in this article, the definition of "disability" shall be 20 construed in favor of broad coverage of individuals, to the maximum 21 extent permitted by law. The question of whether an individual meets the 22 definition under this article should not demand extensive analysis. 23 (iii) an impairment that substantially limits one major life activity 24 need not limit other major life activities in order to be considered a 25 disability. 26 (iv) an impairment that is episodic or in remission is a disability if 27 it would substantially limit a major life activity when active; 28 (b) "major life activities" shall mean: 29 (i) caring for oneself, performing manual tasks, seeing, hearing, 30 eating, sleeping, walking, standing, sitting, reaching, lifting, bend- 31 ing, speaking, breathing, learning, reading, concentrating, thinking, 32 communicating, interacting with others, and working; and 33 (ii) the operation of a major bodily function, including, but not 34 limited to, functions of the immune system, special sense organs and 35 skin, normal cell growth, digestive, genitourinary, bowel, bladder, 36 neurological, brain, respiratory, circulatory, cardiovascular, endoc- 37 rine, hemic, lymphatic, musculoskeletal, and reproductive functions. The 38 operation of a major bodily function includes the operation of an indi- 39 vidual organ within a body system; 40 (c) "non-judicial employee" shall mean any officer or employee of the 41 unified court system who is not a judge or justice; and 42 (d) "physical or mental impairment" shall mean: 43 (i) any physiological disorder, or condition, cosmetic disfigurement, 44 or anatomical loss affecting one or more body systems such as neurologi- 45 cal, musculoskeletal, special sense organs, respiratory (including 46 speech organs), cardiovascular, reproductive, digestive, genitourinary, 47 immune, circulatory, hemic, lymphatic, skin, and endocrine; or 48 (ii) any mental or psychological disorder, such as an intellectual 49 disability, organic brain syndrome, emotional or mental illness, and 50 specific learning disabilities. 51 2. The unified court system shall not discriminate because of physical 52 or mental disability and shall take affirmative action to employ and 53 advance in employment qualified individuals with disabilities at all 54 levels of employment, including taking affirmative action to achieve 55 seven percent employment within the unified court system of individuals 56 with disabilities as non-judicial employees.S. 1125 9 1 3. (a) The chief administrator of the courts shall annually evaluate 2 the unified court system's employment of individuals with disabilities. 3 (b) Upon a finding that the unified court system is not meeting the 4 goal of seven percent employment, the chief administrator shall take 5 steps to determine whether and where impediments to equal employment 6 opportunity exist. When making this determination, the chief administra- 7 tor shall assess the unified court system's personnel processes, the 8 effectiveness of its outreach and recruitment efforts, the results of 9 its affirmative action evaluation, and any other areas that might affect 10 its success in employment. 11 4. The chief administrator shall develop and execute action-oriented 12 programs designed to correct any areas identified in subdivision three 13 of this section. These action-oriented programs may include the modifi- 14 cation of personnel processes to ensure equal employment opportunity for 15 individuals with disabilities, alternative or additional outreach and 16 recruitment efforts, and/or other actions designed to correct the iden- 17 tified problem areas and attain the established goal. 18 5. The chief administrator's determination that the unified court 19 system has not attained the employment goal established in subdivision 20 two of this section does not constitute either a finding or admission of 21 discrimination in violation of this section. 22 6. The employment goal established in subdivision two of this section 23 shall not be used as a quota or ceiling that limits or restricts the 24 employment of individuals with disabilities. 25 7. The commissioner of labor, in consultation with the division of 26 human rights, shall periodically review and update, as appropriate, the 27 employment goal established in subdivision two of this section. 28 8. (a) As part of the unified court system's affirmative action poli- 29 cy, it shall invite applicants to inform the employer whether the appli- 30 cant believes that he or she is an individual with a disability as 31 defined in subdivision one of this section. This invitation shall be 32 provided to each applicant when the applicant applies or is considered 33 for employment. The invitation may be included with the application 34 materials for a position, but shall be separate from the application. 35 (b) The unified court system shall invite an applicant to self-identi- 36 fy as required in paragraph (a) of this subdivision using the language 37 and manner prescribed by the department of labor, in consultation with 38 the division of human rights, and published on the department of labor's 39 website. 40 9. (a) At any time after the offer of employment, but before the 41 applicant begins his or her job duties, the unified court system shall 42 invite the applicant to inform the unified court system whether the 43 applicant believes that he or she is an individual with a disability as 44 defined in subdivision one of this section. 45 (b) The unified court system shall invite an applicant to self-identi- 46 fy as required in paragraph (a) of this subdivision using the language 47 and manner prescribed by the department of labor, in consultation with 48 the division of human rights, and published on the department of labor's 49 website. 50 10. The unified court system shall invite each of its employees to 51 voluntarily inform the unified court system whether the employee 52 believes that he or she is an individual with a disability as defined in 53 subdivision one of this section. This invitation shall be extended the 54 first year the unified court system becomes subject to the requirements 55 of this section and at five year intervals, thereafter, using the 56 language and manner prescribed by the department of labor, in consulta-S. 1125 10 1 tion with the division of human rights, and published on the department 2 of labor's website. At least once during the intervening years between 3 these invitations, the unified court system shall remind its employees 4 that they may voluntarily update their disability status. 5 11. The unified court system may not compel or coerce an individual to 6 self-identify as an individual with a disability. 7 12. The unified court system shall keep all information on self-iden- 8 tification confidential, and shall maintain it in a data analysis file 9 (rather than in the medical files of individual employees). The unified 10 court system shall provide self-identification information to the 11 department of labor upon request. Self-identification information may be 12 used only in accordance with this section. 13 13. Nothing in this section shall relieve the unified court system of 14 its obligation to take affirmative action with respect to those appli- 15 cants or employees of whose disability it has knowledge. 16 14. One year from the effective date of this section, the unified 17 court system shall report to the department of labor and the legislature 18 on the representation of individuals with disabilities within its work- 19 force and the results of action-oriented plans to improve such represen- 20 tation. 21 § 4. This act shall take effect on the one hundred eightieth day after 22 it shall have become a law. Effective immediately, the addition, amend- 23 ment and/or repeal of any rule or regulation necessary for the implemen- 24 tation of this act on its effective date are authorized to be made and 25 completed on or before such effective date.
