§ 10-02 Definitions.
RCNY § 10-02
Whenever used in these regulations, the following terms shall have the following meanings: Age discrimination. "Age discrimination" means discrimination in employment related decisions because an individual is between the ages of 18 and 70. Agency head. "Agency head" means the Commissioner, Chair or Director of any contracting agency. Applicant. "Applicant" means an applicant for or recipient of City assistance for a construction project or other participant in a program related to City assistance for a construction project. Citizenship status. "Citizenship status" means the citizenship of any person, or the immigration status of any person lawfully residing in the United States who is not a citizen or national of the United States. City. "City" means the City of New York. City assistance. "City assistance" means any financial assistance involving a construction project in the form of a grant, loan, contract, insurance or guarantee, or any other arrangement by which the City provides or otherwise makes available assistance in the form of: (1) funds; (2) services of city personnel; (3) tax exemptions and tax abatements; or (4) real or personal property or any interest in the use of such property, including: (i) transfers or leases of such property for less than fair market value or for a reduced consideration; and (ii) proceeds from a subsequent transfer or lease of such property if the City's share of its fair market value is not returned to the City. Client Services. "Client Services" shall have the meaning set forth in the Procurement Policy Board Rules of the City of New York (9 RCNY § 1-01(e)). Compliance. "Compliance" means a contractor having acted in accordance with the requirements of E.O. 50 (Appendix to 66 RCNY Chapter 10) and these regulations. Commissioner. "Commissioner" means the Commissioner of the Department of Business Services. Construction project. "Construction project" means any construction, reconstruction, rehabilitation, alteration, conversion, extension, improvement, repair or demolition of real property contracted by the City, except contracts for architectural, engineering or drafting services. Contract. "Contract" means any written agreement, purchase order or instrument in which the City is committed to expend or does expend funds in return for work, labor, services, supplies, equipment, materials, or any combination of the foregoing: (1) Unless otherwise required by law, the term "contract" shall include any City grant, loan, guarantee or other City assistance for a construction project.
(2)The term "contract" shall not include: (i) contracts for financial or other assistance between the City and a government or government agency; (ii) contracts, resolutions, indentures, declarations of trust, or other instruments authorizing or relating to the authorization, issuance, award, and sale of bonds, certificates of indebtedness, notes, or other fiscal obligations of the City, or consisting thereof; or (iii) employment by the City of its officers and employees which is subject to the equal employment opportunity requirements of applicable law. Contracting agency. "Contracting agency" means any administration, board, bureau, commission, department, or other governmental agency of the City, or any official thereof, authorized on behalf of the City to provide for, enter into, award, or administer contracts. Contractor. "Contractor" means a person, including a vendor or applicant, who is a party or a proposed party to a contract with a contracting agency, first-level subcontractors of supply and service contractors, and all levels of subcontractors of construction contractors and applicants. Director. "Director" means the Director of the Office. Division. "Division" means the Division of Labor Services. Economically disadvantaged person. "Economically disadvantaged person" means a person who at the time of application for entrance into a training program is either: (1) a resident of a single person household who receives (i) wages not in excess of 70 percent of the lower-level "urban family budget" for the City as determined by the U.S. Department of Labor, Bureau of Labor Statistics, or (ii) receives cash welfare payments under a Federal, State, or local welfare program; or (2) a member of a family which (i) receives a family income less than 70 percent of the lower-level "urban family budget" for the City as determined by the U.S. Department of Labor, Bureau of Labor Statistics, or (ii) receives cash welfare payments under a Federal, State, or local welfare program; or (3) a Vietnam-era veteran as defined by applicable Federal law who has been unable to obtain non-government subsidized employment since discharge from the armed services; or (4) a displaced homemaker who has not been in the labor force for 5 years but has during those years worked in the home providing unpaid services for family members and was (i) dependent on public assistance or the income of another family member but is no longer supported by that income, or (ii) receiving public assistance for dependent children in the home and that assistance will soon be terminated. Employment report. "Employment report" means a report filed by a contractor containing information concerning its workforce composition, employment and salary practices, policies, programs, collective bargaining agreements, and pending lawsuits or consent decrees or court orders. The contractor may at its option submit as part of its employment report self-evaluation and transition plans written pursuant to § 504 of the Rehabilitation Act of 1973 or its affirmative action plan in lieu of those sections of the employment report which request information contained in said plan. Employment update report. "Employment update report" means a periodic report required to be filed by a contractor when the Office identifies underutilization in a job group or employment policies and practices which mitigate against equal employment opportunity. Equal employment opportunity. "Equal employment opportunity" means the treatment of all employees and applicants for employment without unlawful discrimination as to race, creed, color, national origin, sex, age, handicap, marital status, sexual orientation or citizenship status in all employment decisions, including but not limited to recruitment, hiring, compensation, training and apprenticeship, promotion, upgrading, demotion, downgrading, transfer, lay-off and termination, and all other terms and conditions of employment except as provided by law. Handicapped individual. "Handicapped individual" means any person who has or had a physical or mental impairment that substantially limits one or more major life activities, and has a record of such an impairment.
(1)The term "physical or mental impairment" means a physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more of the following body systems: neurological; musculoskeletal; special sense organs; respiratory, including speech organs; cardiovascular; reproductive; digestive; genito-urinary; hemic and lymphatic; skin, and endocrine; or a mental or psychological disorder, such as mental retardation, developmental disability, organic brain syndrome, emotional or mental illness and specific learning disabilities. It includes, but is not limited to, such diseases and conditions as orthopedic, visual speech and hearing impairments, cerebral palsy, epilepsy, muscular dystrophy, multiple sclerosis, cancer, heart disease, diabetes, alcoholism, substance abuse, and drug addiction.
(3)The term "has a record of such an impairment" means has a history of, or has been classified as having, a mental or physical impairment that substantially limits one or more major life activities.
(4)The term "otherwise qualified" means a handicapped person, who, with reasonable accommodation can satisfy the essential requisites of the job or benefit in question, and in the case of alcoholism, substance abuse and drug addiction, is recovering and currently free of abuse of same.
(5)The term "reasonable accommodation" means such accommodation to an employee's or prospective employee's physical or mental impairment as shall not cause undue hardship in the conduct of the contractor's business. The contractor shall have the burden of demonstrating such hardship. Job group(s). "Job group(s)" means a group of jobs having similar content, wage rates, and opportunities; Minorities. "Minorities" means Blacks, Hispanics (non-European), Asians, and Native Americans (American Indians, Eskimos, Aleuts); Noncompliance. "Noncompliance" means a contractor having failed to act in accordance with E.O. 50 (Appendix to 66 RCNY Chapter 10) and these regulations; Person. "Person" means any natural person, corporation, partnership, sole proprietorship, or unincorporated agency; Prime contractor. "Prime contractor" means any person who is a party or proposed party to a contract with a contracting agency; Subcontractor. "Subcontractor" means any person having an agreement or arrangement or proposed agreement or arrangement with a contractor in which any portion of the contractor's duty to perform work is undertaken or assumed by such person; provided that a supplier of unfinished products to a supply and service contractor needed to produce the item contracted for shall not be considered a subcontractor; Trainee. "Trainee" means an economically disadvantaged person who qualifies for and receives training in one of the construction trades pursuant to a program, other than an apprenticeship program, approved by the Division and, where required by law, the New York State Department of Labor and the United States Department of Labor, Office of Apprenticeship and Training; Underutilization. "Underutilization" means a statistically significant disparity between the employment of members of a racial, ethnic, or sexual group and their availability as determined by the Office's utilization analysis. (Amended City Record 10/31/2023, eff. 11/30/2023)
