Seyfarth Synopsis: Effective November 5, 2025, New York State requires bidders on public contracts to certify under penalty of perjury that they have implemented a written policy addressing gender-based violence in the workplace. The State has issued a model policy that employers can adopt or they can create their own policy that meets the minimum requirements of the law.
State Finance Law § 139-m now requires that every competitive bid for goods and services submitted to New York State or its agencies must include a certification affirming that the bidder-employer has implemented a written policy addressing gender-based violence in the workplace. The certification must be subscribed and affirmed as true under penalty of perjury.
The specific certification must read as follows:
By submission of this bid, each bidder and each person signing on behalf of any bidder certifies, and in the case of a joint bid each party thereto certifies as to its own organization, under penalty of perjury, that the bidder has and has implemented a written policy addressing gender-based violence and the workplace and has provided such policy to all of its employees, directors and board members. Such policy shall, at a minimum, meet the requirements of subdivision 11 of section five hundred seventy-five of the executive law.
Bids lacking the required certification will generally not be considered. If, however, a bidder is unable to make the above certification, then the bidder must provide a signed statement along with the bid which contains the detailed reasons explaining why the certification cannot be made.
The statute does not require such certification for bids where competitive bidding is not required by law, but may be required “at the discretion of the department, agency or official.”
The New York State Office for the Prevention of Domestic Violence (“OPDV”) published a model policy, which can found here. Employers may either adopt the model policy or tailor the model to their specific needs, but at a minimum the policy must contain the following information, as explained on OPDV’s website:
- Share Information: Employers must provide information regarding gender-based violence where employees can see it and access it, including displaying the NYS Domestic and Sexual Violence Hotline information and a gender-based violence and the workplace poster. When possible, materials should be available in an employee’s primary language.
- Refer Employee-Survivors to Services: The policy must require that the employer refer employees who disclose current or past victim status to the NYS Domestic and Sexual Violence Hotline and/or a local service provider. For bidders outside New York State, referrals should be made to a local provider or statewide hotline. While referrals are required to be provided by the employer, it is not required for the employee to access services.
- Prohibit Retaliation: The policy must clearly state that discrimination or retaliation against employees who identify as victims or survivors of gender-based violence is prohibited.
- Comply with Laws: Employers must ensure that their policy follows State law. For employers based in New York State, this means that the policy must follow the SAFE Leave Act, New York State Human Rights Law, and any other relevant laws and regulations.
- Offer Implementation Support: OPDV is able to assist employers in developing and implementing this policy. Employers must provide information to supervisors and human resources, where available, about this technical assistance from OPDV, which can be contacted at workplace@opdv.ny.gov.
Finally, the policy must be provided to “employees, board members, and directors upon hire and annually.”
Affected employers should act quickly to update their current policies to ensure compliance with this new law. Failure to do so may affect their ability to secure state contracts.
