Skip to Main Content
Services Talent Knowledge
Site Search


Our attorneys stay on top of changes in legislation, agency regulations, case law, and industry trends—then craft timely legal alerts to keep clients up to date on legal developments important to their business.

June 19, 2018

New York Enacts Sweeping Sexual Harassment Legislation Part Two: Sexual Harassment Certification Requirements and NYS Contract Bidding

This is part two in Barclay Damon's legal alert series on New York State's recently enacted sexual harassment legislation, which impacts all private and public sector employers. As indicated in part one, NYS recently enacted legislation that establishes minimum standards for sexual harassment policies and mandates yearly interactive sexual harassment training for all employees.

Additionally, employers that bid on contracts with the state will have to certify as part of the bid process that the company's sexual harassment policy meets the minimum requirements and that the company conducts yearly interactive sexual harassment training for all of its employees. These requirements have been included in the NYS Finance Law.

Specifically, every competitive bid that is required by statute or regulation and submitted to the state (or any public department or agency of the state) for work or services performed or goods sold must include the following statement by the bidder and affirmed by the bidder as true under the penalty of perjury:

By submission of this bid, each bidder and each person signing on behalf of any bidder certifies, and in the case of a joint bid each party thereto certifies as to its own organization, under penalty of perjury, that the bidder has and has implemented a written policy addressing sexual harassment prevention in the workplace and provides annual sexual harassment prevention training to all of its employees. Such policy shall, at a minimum, meet the requirements of section 201-g of the labor law.

Even if a statute or regulation does not mandate competitive bidding, the bid may contain, at the discretion of the department, agency, or official, the above certification.

A bid will not be considered for award nor will any award be made to a bidder that has not complied with the certification rule. If the bidder cannot make the required certification, the bidder must state and explain why the certification cannot be made.

The NYS Finance Law also indicates that any bid submitted by a corporate bidder that contains the required certification will be deemed to have been authorized by the board of directors of the corporate bidder. This authorization will be deemed to include the signing and submission of the bid and the inclusion of the statement to be an act of the corporation.

In sum, employers who bid on contracts will have to certify that their sexual harassment policy and training requirements are in conformance with state law. If they are not and the certification has been made, it may subject the employer to civil and potentially criminal liability.

If you have questions regarding the information presented in this alert, please contact Bob Heary, Business Services Practice Group leader and partner, at or Mike Sciotti, partner, at


Click here to sign up for alerts, blog posts, and firm news.


Sign up to receive our latest news via email

Practice Areas

Featured Industries

New & Emerging Industry Practice Areas


View our Privacy Policy

Featured Media


COVID-19: Congress Passes Legislation to Extend PPP Application Deadline


NYS Court of Appeals Holds FERC Certificate of Public Convenience Exempts Pipeline Company From Eminent Domain Public Notice, Hearing Requirements Despite Water-Quality Certification Denial


COVID-19: Governor Cuomo Issues Executive Orders Imposing Quarantine Restrictions on Travelers Arriving in New York State, Blocking COVID-19 Paid Sick Leave to Employees Voluntarily Traveling to High-Risk Areas


Caddy Class Action Still in Play With New Retaliation Claim


COVID-19: The Perfect Storm – How Below-Cost Reimbursement Models for OPWDD Providers Will Make a Bad Situation Worse


COVID-19: SBA Releases Further Clarification to PPP Loan Forgiveness Based on PPP Flexibility Act Changes

This site uses cookies to give you the best experience possible on our site and in some cases direct advertisements to you based upon your use of our site.

By clicking [I agree], you are agreeing to our use of cookies. For information on what cookies we use and how to manage our use of cookies, please visit our Privacy Statement.

I AgreeOpt-Out