§ 10-05 Responsibilities of the Division of Labor Services.
RCNY § 10-05
(a)Division review – generally.
(1)It shall be the responsibility of the Division to implement, monitor compliance with, and enforce E.O. 50 (Appendix to 66 RCNY Chapter 10), these regulations and programs established pursuant to City, State and Federal law requiring contractors to provide equal employment opportunity.
(2)The Division shall conduct a preaward compliance review to determine whether the contractor maintains nondiscriminatory hiring and employment practices and is taking steps to insure that applicants are employed and that employees are placed, trained, upgraded, promoted, paid, and otherwise treated during employment without regard to race, creed, color, sex, national origin, age, handicap, marital status, sexual orientation or citizenship status.
(3)The Division's preaward compliance review shall proceed in the following manner: (i) The Division shall analyze the contractor's Employment Report, with special attention directed to the composition of the work force and the contractor's employment policies, practices and procedures, including the following: recruitment, outreach, interviewing practices, pre-employment physical exams, employee evaluations, supervisor accountability, EEO training, promotional and transfer practices, training programs, employee counseling, job descriptions, architectural and other barriers, salaries and wage plans, fringe benefits, work environment, changing facilities, and collective bargaining agreements; (ii) If the Division deems it appropriate as part of its compliance review, or if the Office finds that the material submitted is incomplete or raises questions concerning the contractor's efforts to meet the requirements of E.O. 50 (Appendix to 66 RCNY Chapter 10) and these regulations, the Division may: (A) hold a conference with the contractor to gain information necessary to complete the compliance review and, where necessary, to develop an Employment Program; and (B) perform an on site review of those matters which were not fully or satisfactorily addressed in the Employment Report or at the conference.
(iii)The Division will take into consideration consent decrees, court and administrative orders and conciliation agreements when analyzing a contractor's compliance with E.O. 50 (Appendix to 66 RCNY Chapter 10) and these regulations. The Division will not impose requirements which are inconsistent with the foregoing.
(b)Division review – supply and services contracts.
(c)Division review – construction contracts.
(d)[Reserved.] (Amended City Record 10/31/2023, eff. 11/30/2023)
