No Discrimination by Government Contractors Act

Summary: The No Discrimination by Government Contracts Act requires businesses that contract with state and/or local governments to adopt and comply with non-discrimination policies to protect individuals’ civil rights.

Based in part on New York Executive Order 177 (2018)

SECTION 1. SHORT TITLE

This Act shall be called the “No Discrimination by Government Contractors Act.”

SECTION 2. FINDINGS AND PURPOSE

(A) FINDINGS—The legislature/council finds that:

  1. The state/city of [NAME] has a proud history of fighting for freedom, justice and equality, and is committed to ensuring that no one infringes on the civil rights and liberties of its citizens and residents.
  2. The state/city has built upon that legacy by enacting a series of protections for individuals, including [LIST HERE civil rights and anti-discrimination laws from the past].
  3. The federal government has taken steps to roll back fundamental civil rights protections and, in recent years, has shirked its responsibility to protect individuals from discrimination and harassment.
  4. The state/city has, for years, required government contractors to agree to certain types of non-discrimination. But today, those provisions are insufficient to protect human dignity.
  5. The state/city has the right and responsibility to place conditions on government contracts so that their execution is in compliance with public aims and policies.

(B) PURPOSE—This law is enacted to ensure that government contracts comply with the goals of public policy.

SECTION 3. CONTRACT PROVISION

After section XXX, the following new section XXX shall be inserted:

(A) DEFINITIONS – In this section:

  1. “Government” means the state/city/county or a principal unit of state/city/county government.
  2. “Government contractor” means a for-profit or not-for-profit entity that has a government contract.
  3. “Government contract” means:

(a) A contract with the government valued at $25,000 or more; or
(b) A subcontract valued at $10,000 or more for providing part or all of the services covered by another entity’s contract for with the government valued at $25,000 or more.

(B) NONDISCRIMINATION BY GOVERNMENT CONTRACTORS

  1. It is the policy of this state/city/county that it will not do business with entities that promote or tolerate discrimination or infringement on civil rights.
  2. The government shall not contract for public goods or services with any businesses that discriminates against employees or customers on the basis of a person’s actual or perceived race, color, creed, religion, ancestry, gender, marital status, sexual orientation, gender identity or expression, physical or mental disability, national origin or age.
  3. Government agencies that contract for public goods or services shall amend their procurement procedures to enforce this section.
  4. Any contract or contract renewal entered into by a government agency on or after the effective date of this Act shall include a binding agreement consistent with this section, and no government agency shall enter into a contract with any government contractor without such a binding agreement.
  5. Any anti-discrimination provisions referenced in this section shall not be affected by unduly narrow federal executive branch interpretations of existing federal statutory anti-discrimination protections.

SECTION 4. EFFECTIVE DATE

This law shall become effective on July 1, 20XX.

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