Bill Text: NY S07643 | 2019-2020 | General Assembly | Introduced
Bill Title: Relates to establishing goals for participation by individuals with disabilities with respect to state employment, state contracts, legislative employment and judicial employment; establishes a goal of seven percent employment of individuals with disabilities within state agencies, the state legislature, unified court system and state contractors and subcontractors; defines terms.
Sponsorship: Partisan Bill (Democrat 3)
Status: (Introduced - Dead) 2020-02-03 - REFERRED TO FINANCE [S07643 Detail]
Download: New_York-2019-S07643-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 7643 IN SENATE February 3, 2020 ___________ Introduced by Sen. SKOUFIS -- read twice and ordered printed, and when printed to be committed to the Committee on Finance AN ACT to amend the executive law, the legislative law and the judiciary law, in relation to establishing goals for participation by individ- uals with disabilities with respect to state employment, state contracts, legislative employment and judicial employment The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The executive law is amended by adding a new article 17-c 2 to read as follows: 3 ARTICLE 17-C 4 PARTICIPATION BY INDIVIDUALS WITH DISABILITIES WITH RESPECT TO STATE 5 EMPLOYMENT AND STATE CONTRACTS 6 Section 369-aa. Definitions. 7 369-bb. Participation by individuals with disabilities with 8 respect to state employment. 9 369-cc. Participation by individuals with disabilities with 10 respect to state contracts. 11 369-dd. Invitation to self-identify. 12 369-ee. Report. 13 § 369-aa. Definitions. As used in this article, the following terms 14 shall have the following meanings: 15 1. "covered employer" shall mean a state agency, state contractor or 16 state subcontractor; 17 2. "disability" shall mean: 18 (a) with respect to an individual: 19 (i) a physical or mental impairment that substantially limits one or 20 more major life activities of such individual; 21 (ii) a record of such an impairment; or 22 (iii) being regarded as having such an impairment; 23 (b) as used in this article, the definition of "disability" shall be 24 construed in favor of broad coverage of individuals, to the maximum 25 extent permitted by law. The question of whether an individual meets the 26 definition under this article shall not demand extensive analysis; EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD14187-01-9S. 7643 2 1 (c) an impairment that substantially limits one major life activity 2 need not limit other major life activities in order to be considered a 3 disability; 4 (d) an impairment that is episodic or in remission is a disability if 5 it would substantially limit a major life activity when active; 6 3. "major life activities" shall mean: 7 (a) caring for oneself, performing manual tasks, seeing, hearing, 8 eating, sleeping, walking, standing, sitting, reaching, lifting, bend- 9 ing, speaking, breathing, learning, reading, concentrating, thinking, 10 communicating, interacting with others, and working; and 11 (b) the operation of a major bodily function, including, but not 12 limited to, functions of the immune system, special sense organs and 13 skin, normal cell growth, digestive, genitourinary, bowel, bladder, 14 neurological, brain, respiratory, circulatory, cardiovascular, endoc- 15 rine, hemic, lymphatic, musculoskeletal, and reproductive functions. The 16 operation of a major bodily function includes the operation of an indi- 17 vidual organ within a body system; 18 4. "physical or mental impairment" shall mean: 19 (a) any physiological disorder, or condition, cosmetic disfigurement, 20 or anatomical loss affecting one or more body systems such as neurologi- 21 cal, musculoskeletal, special sense organs, respiratory (including 22 speech organs), cardiovascular, reproductive, digestive, genitourinary, 23 immune, circulatory, hemic, lymphatic, skin, and endocrine; or 24 (b) any mental or psychological disorder, such as an intellectual 25 disability, organic brain syndrome, emotional or mental illness, and 26 specific learning disabilities; 27 5. "state agency" shall mean: (a)(i) any state department; or (ii) any 28 division, board, commission or bureau of any state department; or (iii) 29 the state university of New York and the city university of New York; or 30 (iv) any public authority or public benefit corporation established 31 pursuant to statute; and 32 (b) employs fifty or more employees; 33 6. "state contract" shall mean a written agreement or purchase order 34 instrument, providing for a total expenditure in excess of ten thousand 35 dollars, whereby a contracting agency is committed to expend or does 36 expend funds in return for labor, services including but not limited to 37 legal, financial and other professional services, supplies, equipment, 38 materials, the acquisition, construction, demolition, replacement, major 39 repair or renovation of real property and improvements thereon or any 40 combination of the foregoing, to be performed for, or rendered or 41 furnished to the contracting agency; 42 7. "state contractor" shall mean any person, corporation, partnership 43 or joint venture, unincorporated association holding a state contract in 44 excess of ten thousand dollars and employs fifty or more employees; 45 8. "state subcontract" shall mean a written agreement between a 46 contractor and a subcontractor: 47 (a) for the purchase, sale or use of personal property or nonpersonal 48 services (including construction) which, in whole or in part, is neces- 49 sary to the performance of any one or more state contracts; or 50 (b) under which any portion of the state contractor's obligation under 51 any one or more state contracts is performed, undertaken, or assumed; 52 and 53 9. "state subcontractor" shall mean any person, corporation, partner- 54 ship or joint venture, unincorporated association holding a state 55 subcontract in excess of ten thousand dollars and employs fifty or more 56 employees.S. 7643 3 1 § 369-bb. Participation by individuals with disabilities with respect 2 to state employment. 1. All state agencies shall not discriminate 3 because of physical or mental disability and shall take affirmative 4 action to employ and advance in employment qualified individuals with 5 disabilities at all levels of employment, including taking affirmative 6 action to achieve seven percent employment of individuals with disabili- 7 ties within each state agency. 8 2. (a) Each state agency shall annually evaluate its employment of 9 individuals with disabilities. 10 (b) State agencies not meeting the goal of seven percent employment 11 shall take steps to determine whether and where impediments to equal 12 employment opportunity exist. When making this determination, each state 13 agency shall assess its personnel processes, the effectiveness of its 14 outreach and recruitment efforts, the results of its affirmative action 15 evaluation, and any other areas that might affect its success in employ- 16 ment. 17 3. Each state agency shall develop and execute action-oriented 18 programs designed to correct any areas identified in subdivision two of 19 this section. These action-oriented programs may include the modifica- 20 tion of personnel processes to ensure equal employment opportunity for 21 individuals with disabilities, alternative or additional outreach and 22 recruitment efforts, and/or other actions designed to correct the iden- 23 tified problem areas and attain the established goal. 24 4. A state agency's determination that it has not attained the employ- 25 ment goal established in subdivision one of this section does not 26 constitute either a finding or admission of discrimination in violation 27 of this section. 28 5. The employment goal established in subdivision one of this section 29 shall not be used as a quota or ceiling that limits or restricts the 30 employment of individuals with disabilities. 31 6. The commissioner of labor, in consultation with the division of 32 human rights, shall periodically review and update, as appropriate, the 33 employment goal established in subdivision one of this section. 34 § 369-cc. Participation by individuals with disabilities with respect 35 to state contracts. 1. All state contracts and all documents soliciting 36 bids or proposals for state contracts shall contain or make reference to 37 the following: all state contractors and state subcontractors shall not 38 discriminate because of physical or mental disability and shall take 39 affirmative action to employ and advance in employment qualified indi- 40 viduals with disabilities at all levels of employment, including taking 41 affirmative action to achieve seven percent employment of individuals 42 with disabilities within each state contractor and state subcontractor's 43 workforce. 44 2. State contractors shall include the provisions of subdivision one 45 of this section in every subcontract in such a manner that the 46 provisions will be binding upon each state subcontractor as to work in 47 connection with the state contract. 48 3. The provisions of this section shall not be binding upon state 49 contractors or state subcontractors in the performance of work or the 50 provision of services or any other activity that are unrelated, separate 51 or distinct from the state contract as expressed by its terms. 52 4. The commissioner of general services shall promulgate rules and 53 regulations to ensure that state contractors and state subcontractors 54 undertake programs of affirmative action and equal employment opportu- 55 nity as required by this section including:S. 7643 4 1 (a) each state contractor and state subcontractor shall annually eval- 2 uate its employment of individuals with disabilities; 3 (b) state contractors and state subcontractors not meeting the goal of 4 seven percent employment shall take steps to determine whether and where 5 impediments to equal employment opportunity exist. When making this 6 determination, each state contractor and state subcontractor shall 7 assess its personnel processes, the effectiveness of its outreach and 8 recruitment efforts, the results of its affirmative action evaluation, 9 and any other areas that might affect its success in employment; and 10 (c) each state contractor and state subcontractor shall develop and 11 execute action-oriented programs designed to correct any areas identi- 12 fied in paragraph (b) of this subdivision. These action-oriented 13 programs may include the modification of personnel processes to ensure 14 equal employment opportunity for individuals with disabilities, alterna- 15 tive or additional outreach and recruitment efforts, and/or other 16 actions designed to correct the identified problem areas and attain the 17 established goal. 18 5. A state contractor or state subcontractor's determination that it 19 has not attained the employment goal established in subdivision one of 20 this section does not constitute either a finding or admission of 21 discrimination in violation of this section. 22 6. The employment goal established in subdivision one of this section 23 shall not be used as a quota or ceiling that limits or restricts the 24 employment of individuals with disabilities. 25 7. The commissioner of labor, in consultation with the division of 26 human rights and commissioner of general services, shall periodically 27 review and update, as appropriate, the employment goal established in 28 subdivision one of this section. 29 § 369-dd. Invitation to self-identify. 1. (a) As part of the covered 30 employer's affirmative action policy, a covered employer shall invite 31 applicants to inform the employer whether the applicant believes that he 32 or she is an individual with a disability as defined in section three 33 hundred sixty-nine-aa of this article. This invitation shall be provided 34 to each applicant when the applicant applies or is considered for 35 employment. The invitation may be included with the application materi- 36 als for a position, but shall be separate from the application. 37 (b) A covered employer shall invite an applicant to self-identify as 38 required in paragraph (a) of this subdivision using the language and 39 manner prescribed by the department of labor, in consultation with the 40 division of human rights, and published on the department of labor's 41 website. 42 2. (a) At any time after the offer of employment, but before the 43 applicant begins his or her job duties, a covered employer shall invite 44 the applicant to inform the employer whether the applicant believes that 45 he or she is an individual with a disability as defined in section three 46 hundred sixty-nine-aa of this article. 47 (b) A covered employer shall invite an applicant to self-identify as 48 required in paragraph (a) of this subdivision using the language and 49 manner prescribed by the department of labor, in consultation with the 50 division of human rights, and published on the department of labor's 51 website. 52 3. A covered employer shall invite each of its employees to voluntar- 53 ily inform the employer whether the employee believes that he or she is 54 an individual with a disability as defined in section three hundred 55 sixty-nine-aa of this article. This invitation shall be extended the 56 first year the employer becomes subject to the requirements of thisS. 7643 5 1 section and at five year intervals, thereafter, using the language and 2 manner prescribed by the department of labor, in consultation with the 3 division of human rights, and published on the department of labor's 4 website. At least once during the intervening years between these invi- 5 tations, the covered employer shall remind its employees that they may 6 voluntarily update their disability status. 7 4. A covered employer may not compel or coerce an individual to self- 8 identify as an individual with a disability. 9 5. A covered employer shall keep all information on self-identifica- 10 tion confidential, and shall maintain it in a data analysis file (rather 11 than in the medical files of individual employees). The covered employer 12 shall provide self-identification information to the department of labor 13 upon request. Self-identification information may be used only in 14 accordance with this article. 15 6. Nothing in this section shall relieve the covered employer of its 16 obligation to take affirmative action with respect to those applicants 17 or employees of whose disability the covered employer has knowledge. 18 § 369-ee. Report. The commissioner of labor shall promulgate rules and 19 regulations requiring every covered employer to report, one year after 20 the effective date of this article and annually thereafter, to the 21 department of labor and the legislature on the representation of indi- 22 viduals with disabilities within its workforce and the results of 23 action-oriented plans to improve such representation. 24 § 2. The legislative law is amended by adding a new section 9-a to 25 read as follows: 26 § 9-a. Participation by individuals with disabilities with respect to 27 legislative employment. 1. For the purposes of this section, the follow- 28 ing terms shall have the following meanings: 29 (a) "disability" shall mean: 30 (i) with respect to an individual: 31 (1) a physical or mental impairment that substantially limits one or 32 more major life activities of such individual; 33 (2) a record of such an impairment; or 34 (3) being regarded as having such an impairment; 35 (ii) as used in this article, the definition of "disability" shall be 36 construed in favor of broad coverage of individuals, to the maximum 37 extent permitted by law. The question of whether an individual meets the 38 definition under this article should not demand extensive analysis; 39 (iii) an impairment that substantially limits one major life activity 40 need not limit other major life activities in order to be considered a 41 disability; 42 (iv) an impairment that is episodic or in remission is a disability if 43 it would substantially limit a major life activity when active; 44 (b) "joint legislative employer" shall mean any legislative entity 45 with fifty or more employees including but not limited to legislative 46 commissions, committees, task forces (irrespective of intended or actual 47 duration), joint legislative commissions, councils or similar bodies 48 whose membership is comprised of both senators and assembly members, or 49 which consist of commissioners, or the majority of whose membership is 50 appointed by one or more of the following: the temporary president of 51 the senate, the speaker of the assembly, the minority leader of the 52 senate and/or the minority leader of the assembly, and officers and 53 employees of the legislative library, legislative health service, legis- 54 lative messenger service; 55 (c) "legislative employee" shall mean: 56 (i) an officer or employee of the senate;S. 7643 6 1 (ii) an officer or employee of the assembly; or 2 (iii) an officer or employee of a joint legislative employer; 3 (d) "major life activities" shall mean: 4 (i) caring for oneself, performing manual tasks, seeing, hearing, 5 eating, sleeping, walking, standing, sitting, reaching, lifting, bend- 6 ing, speaking, breathing, learning, reading, concentrating, thinking, 7 communicating, interacting with others, and working; and 8 (ii) the operation of a major bodily function, including, but not 9 limited to, functions of the immune system, special sense organs and 10 skin, normal cell growth, digestive, genitourinary, bowel, bladder, 11 neurological, brain, respiratory, circulatory, cardiovascular, endoc- 12 rine, hemic, lymphatic, musculoskeletal, and reproductive functions. The 13 operation of a major bodily function includes the operation of an indi- 14 vidual organ within a body system; 15 (e) "physical or mental impairment" shall mean: 16 (i) any physiological disorder, or condition, cosmetic disfigurement, 17 or anatomical loss affecting one or more body systems such as neurologi- 18 cal, musculoskeletal, special sense organs, respiratory (including 19 speech organs), cardiovascular, reproductive, digestive, genitourinary, 20 immune, circulatory, hemic, lymphatic, skin, and endocrine; or 21 (ii) any mental or psychological disorder, such as an intellectual 22 disability, organic brain syndrome, emotional or mental illness, and 23 specific learning disabilities; and 24 (f) "state legislature" or "legislature" means the legislature of the 25 state of New York, including any committee, subcommittee, joint commit- 26 tee, select committee, or commission thereof with fifty or more employ- 27 ees. 28 2. The state legislature shall not discriminate because of physical or 29 mental disability and shall take affirmative action to employ and 30 advance in employment qualified individuals with disabilities at all 31 levels of employment, including taking affirmative action to achieve 32 seven percent employment of individuals with disabilities as legislative 33 employees. 34 3. (a) The speaker of the assembly and the temporary president of the 35 senate shall annually evaluate the legislature's employment of individ- 36 uals with disabilities. 37 (b) Upon a finding that the legislature is not meeting the goal of 38 seven percent employment, the speaker of the assembly and the temporary 39 president of the senate shall take steps to determine whether and where 40 impediments to equal employment opportunity exist. When making this 41 determination, the speaker of the assembly and the temporary president 42 of the senate shall assess its personnel processes, the effectiveness of 43 its outreach and recruitment efforts, the results of its affirmative 44 action evaluation, and any other areas that might affect its success in 45 employment. 46 4. The speaker of the assembly and the temporary president of the 47 senate shall develop and execute action-oriented programs designed to 48 correct any areas identified in subdivision three of this section. These 49 action-oriented programs may include the modification of personnel proc- 50 esses to ensure equal employment opportunity for individuals with disa- 51 bilities, alternative or additional outreach and recruitment efforts, 52 and/or other actions designed to correct the identified problem areas 53 and attain the established goal. 54 5. The speaker of the assembly and the temporary president of the 55 senate's determination that the legislature has not attained the employ- 56 ment goal established in subdivision two of this section does notS. 7643 7 1 constitute either a finding or admission of discrimination in violation 2 of this section. 3 6. The employment goal established in subdivision two of this section 4 shall not be used as a quota or ceiling that limits or restricts the 5 employment of individuals with disabilities. 6 7. The commissioner of labor, in consultation with the division of 7 human rights, shall periodically review and update, as appropriate, the 8 employment goal established in subdivision one of this section. 9 8. (a) As part of the legislature's affirmative action policy, it 10 shall invite applicants to inform the legislature whether the applicant 11 believes that he or she is an individual with a disability as defined in 12 subdivision one of this section. This invitation shall be provided to 13 each applicant when the applicant applies or is considered for employ- 14 ment. The invitation may be included with the application materials for 15 a position, but shall be separate from the application. 16 (b) The legislature shall invite an applicant to self-identify as 17 required in paragraph (a) of this subdivision using the language and 18 manner prescribed by the department of labor, in consultation with the 19 division of human rights, and published on the department of labor's 20 website. 21 9. (a) At any time after the offer of employment, but before the 22 applicant begins his or her job duties, the legislature shall invite the 23 applicant to inform the legislature whether the applicant believes that 24 he or she is an individual with a disability as defined in subdivision 25 one of this section. 26 (b) The legislature shall invite an applicant to self-identify as 27 required in paragraph (a) of this subdivision using the language and 28 manner prescribed by the department of labor, in consultation with the 29 division of human rights, and published on the department of labor's 30 website. 31 10. The legislature shall invite each of its employees to voluntarily 32 inform the legislature whether the employee believes that he or she is 33 an individual with a disability as defined in subdivision one of this 34 section. This invitation shall be extended the first year the legisla- 35 ture becomes subject to the requirements of this section and at five 36 year intervals, thereafter, using the language and manner prescribed by 37 the department of labor, in consultation with the division of human 38 rights, and published on the department of labor's website. At least 39 once during the intervening years between these invitations, the legis- 40 lature shall remind its employees that they may voluntarily update their 41 disability status. 42 11. The legislature may not compel or coerce an individual to self-i- 43 dentify as an individual with a disability. 44 12. The legislature shall keep all information on self-identification 45 confidential, and shall maintain it in a data analysis file (rather than 46 in the medical files of individual employees). The legislature shall 47 provide self-identification information to the department of labor upon 48 request. Self-identification information may be used only in accordance 49 with this section. 50 13. Nothing in this section shall relieve the legislature of its obli- 51 gation to take affirmative action with respect to those applicants or 52 employees of whose disability the legislature has knowledge. 53 14. One year from the effective date of this section, the legislature 54 shall report to the department of labor on the representation of indi- 55 viduals with disabilities within its workforce and the results of 56 action-oriented plans to improve such representation.S. 7643 8 1 § 3. The judiciary law is amended by adding a new section 219-e to 2 read as follows: 3 § 219-e. Participation by individuals with disabilities with respect 4 to judicial employment. 1. For the purposes of this section, the follow- 5 ing terms shall have the following meanings: 6 (a) "disability" shall mean: 7 (i) with respect to an individual: 8 (1) a physical or mental impairment that substantially limits one or 9 more major life activities of such individual; 10 (2) a record of such an impairment; or 11 (3) being regarded as having such an impairment; 12 (ii) as used in this article, the definition of "disability" shall be 13 construed in favor of broad coverage of individuals, to the maximum 14 extent permitted by law. The question of whether an individual meets the 15 definition under this article should not demand extensive analysis. 16 (iii) an impairment that substantially limits one major life activity 17 need not limit other major life activities in order to be considered a 18 disability. 19 (iv) an impairment that is episodic or in remission is a disability if 20 it would substantially limit a major life activity when active; 21 (b) "major life activities" shall mean: 22 (i) caring for oneself, performing manual tasks, seeing, hearing, 23 eating, sleeping, walking, standing, sitting, reaching, lifting, bend- 24 ing, speaking, breathing, learning, reading, concentrating, thinking, 25 communicating, interacting with others, and working; and 26 (ii) the operation of a major bodily function, including, but not 27 limited to, functions of the immune system, special sense organs and 28 skin, normal cell growth, digestive, genitourinary, bowel, bladder, 29 neurological, brain, respiratory, circulatory, cardiovascular, endoc- 30 rine, hemic, lymphatic, musculoskeletal, and reproductive functions. The 31 operation of a major bodily function includes the operation of an indi- 32 vidual organ within a body system; 33 (c) "non-judicial employee" shall mean any officer or employee of the 34 unified court system who is not a judge or justice; and 35 (d) "physical or mental impairment" shall mean: 36 (i) any physiological disorder, or condition, cosmetic disfigurement, 37 or anatomical loss affecting one or more body systems such as neurologi- 38 cal, musculoskeletal, special sense organs, respiratory (including 39 speech organs), cardiovascular, reproductive, digestive, genitourinary, 40 immune, circulatory, hemic, lymphatic, skin, and endocrine; or 41 (ii) any mental or psychological disorder, such as an intellectual 42 disability, organic brain syndrome, emotional or mental illness, and 43 specific learning disabilities. 44 2. The unified court system shall not discriminate because of physical 45 or mental disability and shall take affirmative action to employ and 46 advance in employment qualified individuals with disabilities at all 47 levels of employment, including taking affirmative action to achieve 48 seven percent employment within the unified court system of individuals 49 with disabilities as non-judicial employees. 50 3. (a) The chief administrator of the courts shall annually evaluate 51 the unified court system's employment of individuals with disabilities. 52 (b) Upon a finding that the unified court system is not meeting the 53 goal of seven percent employment, the chief administrator shall take 54 steps to determine whether and where impediments to equal employment 55 opportunity exist. When making this determination, the chief administra- 56 tor shall assess the unified court system's personnel processes, theS. 7643 9 1 effectiveness of its outreach and recruitment efforts, the results of 2 its affirmative action evaluation, and any other areas that might affect 3 its success in employment. 4 4. The chief administrator shall develop and execute action-oriented 5 programs designed to correct any areas identified in subdivision three 6 of this section. These action-oriented programs may include the modifi- 7 cation of personnel processes to ensure equal employment opportunity for 8 individuals with disabilities, alternative or additional outreach and 9 recruitment efforts, and/or other actions designed to correct the iden- 10 tified problem areas and attain the established goal. 11 5. The chief administrator's determination that the unified court 12 system has not attained the employment goal established in subdivision 13 two of this section does not constitute either a finding or admission of 14 discrimination in violation of this section. 15 6. The employment goal established in subdivision two of this section 16 shall not be used as a quota or ceiling that limits or restricts the 17 employment of individuals with disabilities. 18 7. The commissioner of labor, in consultation with the division of 19 human rights, shall periodically review and update, as appropriate, the 20 employment goal established in subdivision two of this section. 21 8. (a) As part of the unified court system's affirmative action poli- 22 cy, it shall invite applicants to inform the employer whether the appli- 23 cant believes that he or she is an individual with a disability as 24 defined in subdivision one of this section. This invitation shall be 25 provided to each applicant when the applicant applies or is considered 26 for employment. The invitation may be included with the application 27 materials for a position, but shall be separate from the application. 28 (b) The unified court system shall invite an applicant to self-identi- 29 fy as required in paragraph (a) of this subdivision using the language 30 and manner prescribed by the department of labor, in consultation with 31 the division of human rights, and published on the department of labor's 32 website. 33 9. (a) At any time after the offer of employment, but before the 34 applicant begins his or her job duties, the unified court system shall 35 invite the applicant to inform the unified court system whether the 36 applicant believes that he or she is an individual with a disability as 37 defined in subdivision one of this section. 38 (b) The unified court system shall invite an applicant to self-identi- 39 fy as required in paragraph (a) of this subdivision using the language 40 and manner prescribed by the department of labor, in consultation with 41 the division of human rights, and published on the department of labor's 42 website. 43 10. The unified court system shall invite each of its employees to 44 voluntarily inform the unified court system whether the employee 45 believes that he or she is an individual with a disability as defined in 46 subdivision one of this section. This invitation shall be extended the 47 first year the unified court system becomes subject to the requirements 48 of this section and at five year intervals, thereafter, using the 49 language and manner prescribed by the department of labor, in consulta- 50 tion with the division of human rights, and published on the department 51 of labor's website. At least once during the intervening years between 52 these invitations, the unified court system shall remind its employees 53 that they may voluntarily update their disability status. 54 11. The unified court system may not compel or coerce an individual to 55 self-identify as an individual with a disability.S. 7643 10 1 12. The unified court system shall keep all information on self-iden- 2 tification confidential, and shall maintain it in a data analysis file 3 (rather than in the medical files of individual employees). The unified 4 court system shall provide self-identification information to the 5 department of labor upon request. Self-identification information may be 6 used only in accordance with this section. 7 13. Nothing in this section shall relieve the unified court system of 8 its obligation to take affirmative action with respect to those appli- 9 cants or employees of whose disability it has knowledge. 10 14. One year from the effective date of this section, the unified 11 court system shall report to the department of labor and the legislature 12 on the representation of individuals with disabilities within its work- 13 force and the results of action-oriented plans to improve such represen- 14 tation. 15 § 4. This act shall take effect on the one hundred eightieth day after 16 it shall have become a law. Effective immediately, the addition, amend- 17 ment and/or repeal of any rule or regulation necessary for the implemen- 18 tation of this act on its effective date are authorized to be made and 19 completed on or before such effective date.
