LEGAL ANGLE - DECEMBER 2025

Gender-Based Violence and the Workplace Policy: A New Requirement for Contracts with New York State

                  Effective November 5, 2025, all contractors bidding on competitive contracts with New York State or its public departments or agencies must comply with new regulations requiring a written policy addressing gender-based violence and the workplace. This article will discuss what this means for electrical contractors and how to ensure compliance with the new law.

Overview of New York State Law: Section 139-m

                  As part of its 2025 budget, New York State added a significant new requirement for all businesses bidding on competitive contracts with New York State or its public departments or agencies: State Finance Law §139-m. This law mandates that every bidder must certify—under penalty of perjury—that they have a written policy addressing gender-based violence and its implications in the workplace. This new requirement went into effect on November 5, 2025.

                  The policy must be provided to all employees, directors, and board members and meet specific requirements outlined by the New York State Office for the Prevention of Domestic Violence (OPDV). For contractors, this means creating a workplace policy that protects employees and ensures compliance with New York State laws protecting survivors of domestic violence and sexual assault.

                  Each competitive bid submitted to a New York State department or agency must include a certification confirming that the bidder has implemented and communicated a written gender-based violence policy that meets state standards. This certification must be signed by a company representative under penalty of perjury.

1. Key Provisions for the Gender-Based Violence and the Workplace Policy

                  To ensure compliance, the law requires that the policy must include the following minimum provisions, as outlined in the OPDV guidance:

1. 1. 1. 1. 1. 1. 1. 1. 1. 1. Information Sharing
                              The policy must ensure that information about gender-based violence is readily available to employees. This includes displaying NYS Domestic and Sexual Violence Hotline information and posting a gender-based violence and the workplace poster in visible areas. For multilingual workforces, materials should be made available in the employee’s primary language when possible.
                           2. Referral of Survivors to Support Services
                              Employers are required to refer employees who disclose their current or past victim status to either the NYS Domestic and Sexual Violence Hotline or a local service provider. For employers located outside of New York State, the referral information must be to a local provider or statewide hotline. Employees are not required to utilize the services but must be provided with the referral information.
                           3. Anti-Retaliation Measures
                              The policy must include a strong statement prohibiting discrimination or retaliation against any employee who is a victim or survivor of gender-based violence. This ensures that employees feel safe coming forward without fear of repercussions.
                           4. Compliance with Relevant Laws
                              The policy must ensure compliance with state and federal laws protecting employees who are survivors of gender-based violence. This includes the SAFE Leave Act (NYS Paid Sick Leave Law), which provides employees with paid time off for domestic violence-related issues, as well as protections under the NYS Human Rights Law, which mandates reasonable accommodations for survivors of domestic violence.
                           5. Implementation and Distribution
                              The policy must be distributed to all employees, directors, and board members upon hire and then annually. Supervisors and human resources personnel should also be trained on the policy’s content and how to handle disclosures or requests from affected employees.

• What Members Need to Know

                  For electrical contractors submitting competitive bids on jobs with New York State departments and agencies, this law will have a direct impact on how you manage your workforce and bid for state contracts. Your company must be prepared to certify compliance with the new law. This means having a gender-based violence policy in place and being able to provide evidence that the policy is being followed. Failing to submit this certification with your bid will result in automatic disqualification.

                  Even if you are not the prime contractor, state agencies may begin requiring subcontractors to submit a similar certification. Therefore, if you are working with other contractors, particularly on large projects funded by the state, it would behoove members to have a policy in place should the state subsequently require subcontractor certifications or the prime contractor demand compliance as part of the subcontract.

                  We strongly recommend each member immediately prepare and implement a plan in compliance with State Finance Law §139-m so that it is not scrambling to comply on the eve of the next competitive bid it submits on a New York State department or agency project. A model policy can be found on the OPDV website at the following link: https://opdv.ny.gov/system/files/documents/2025/08/opdv-gbv-workplace-bidder-model-policy_2025.08.28_0.pdf

Andrew J. Mundo, Esq., MURTAGH, COHEN, BYRNE & MURDY

amundo@MCB50Law.com