All Employers Who Do Business with New York State Impacted
Beginning November 5, 2025, all entities submitting a competitive bid to New York State, including any public department or agency, are required to include with its bid a certification attesting to having a "Gender-Based Violence and the Workplace" policy in effect at the time of the proposal or bid response. This procurement requirement is a result of New York's State Finance Law §139-m that was added to the New York State Budget for Fiscal Year 2025-2026.
This new requirement only applies to competitive procurement responses issued on or after November 5, 2025, and does not apply to existing contracts.
The implemented written policy must meet the following minimum requirements:
- Provide employees with information regarding gender-based violence, including displaying the New York State Domestic and Sexual Violence Hotline information and workplace poster;
- Require that the employer refer employees who disclose current or past victim status to the New York State Domestic and Sexual Violence Hotline, or a local provider for bidders outside New York;
- Explicitly prohibit discrimination or retaliation against employees who identify as victims or survivors of gender-based violence;
- Ensure the policy complies with other applicable New York State law (e.g., the New York State Human Rights Law), and other relevant laws and regulations; and
- Advise Human Resources and/or supervising employees with information regarding implementation assistance from the New York State Office of the Prevention of Domestic Violence (OPDV).
While State Finance Law §139-m does not require that employers provide training related to such policies, OPDV provides free trainings intended for supervisors, Human Resources, and organizational leadership. Training videos are available here (see "Trainings on GBV and the Workplace"), and upcoming training sessions are listed here.
A copy of a model policy provided by OPDV can be found here.
The gender-based violence and the workplace poster is available here.
An additional poster with the New York State Domestic and Sexual Violence Hotline is available here.
For more information on this issue or other employment matters, please contact:
Carol M. Goodman at +1 212 592 1465 or cgoodman@herrick.com
Meaghan Roe at +1 212 592 1632 or mroe@herrick.com
Elizabeth Woods at +1 212 592 1585 or ewoods@herrick.com
