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NEW YORK IMPOSES NEW REQUIREMENTS FOR PUBLIC BIDDERS RELATED TO GENDER-BASED VIOLENCE AND THE WORKPLACE

Effective November 5, 2025, business looking to place competitive bids on public projects will need to also attest that they have a “Gender-Based Violence and the Workplace” policy. This new requirement came into effect under the recently enacted State Finance Law §139-m, which seeks to ensure that any company wishing to place a competitive bid is taking certain steps towards eradicating gender-based violence in the workplace. If a business cannot certify that it has such a policy, it can submit a bid along with reasons as to why they do not, but the state has not provided reasons that would excuse such failure.

While the law itself does not set forth the specific requirements for a policy, the New York state Office for the Prevention of Domestic Violence (“OPDV”) has issued a model “Gender-Based Violence and the Workplace Policy”, available here. While a company’s particular policy can be tailored for their employees’ specific needs, the following are minimal requirements:

1. The company’s policy must be in compliance with other state laws, such as the New York State Human Rights Law, the SAFE Leave Act, and any other relevant law, rule, or regulation.
2. The company must provide certain information in a manner visible to employees, including the NYS Domestic and Sexual Violence Hotline as well as a gender-based violence and the workplace poster, found here.
3. The policy must clearly prohibit retaliation and discrimination against any employee who is a victim or survivor of gender-based violence.
4. The policy must require that the company refers employees who share their current or previous status as a victim or survivor to the NYC Domestic and Sexual Violence Hotline and/or a local equivalent.
5. The employer must provide information to supervisors and HR about complying with the law. Employers are encouraged to email workplace@opdv.ny.gov for technical assistance from the state.

Like any new law, it is vital that employers speak with their counsel to ensure that they are in compliance with its requirements and don’t accidentially lose out on a bid because of a technicality.

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Outside Legal Counsel LLP advises business of all sizes on employment matters, including compliance with new laws and regulations. If you are an employer looking for guidance on how to comply with this or any other labor law in New York, please contact us today.

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