New York: New requirements imposed on public bidders

At a glance

• Effective November 5, 2025, State Finance Law §139-m requires bidders on competitive state contracts to certify a gender-based violence workplace policy.
• The policy must meet minimum standards under Executive Law §575 and be shared with all employees, directors, and board members.
• Employers must provide visible information, refer survivors to services, prohibit retaliation, comply with laws, and offer implementation support.
• The state’s Office for the Prevention of Domestic Violence (OPDV) will publish a model policy that employers can tailor to their needs while meeting minimum requirements.
• Employers unable to certify may still bid but must provide a signed explanation; agencies may require certification even for non-competitive contracts.

Effective November 5, 2025, State Finance Law § 139-m requires companies bidding on competitive state contracts to submit a statement certifying that they have implemented a written policy addressing gender-based violence in the workplace and provided it to all employees, directors, and board members.

The policy must meet the minimum standards under Executive Law §575. This law requires OPDV to publish a model 'Gender-Based Violence and the Workplace Policy.' While the model policy can be tailored based on the employer’s needs, it must meet minimum requirements:

• Share Information: Employers must provide information regarding gender-based violence where employees can see and access it, including displaying the NYS Domestic and Sexual Violence Hotline information and a gender-based violence and the workplace poster. When possible, materials should be available in an employee’s primary language. 
• Refer Employee-Survivors to Services: The policy must require that the employer refer employees who disclose current or past victim status to the NYS Domestic and Sexual Violence Hotline and / or a local service provider. For bidders outside of New York State, referrals should be made to a local provider or statewide hotline. 
• Prohibit Retaliation: The policy must clearly state that discrimination or retaliation against employees who identify as victims or survivors of gender-based violence is prohibited. 
• Comply with Laws: The policy must follow the SAFE Leave Act, New York State Human Rights Law, and any other relevant laws and regulations.  
• Offer Implementation Support: Employers must provide information to supervisors and human resources, where available, about technical assistance from OPDV. OPDV can be contacted at workplace@opdv.ny.gov.  

Employers unable to make the certification may still submit bids but must provide a signed explanation. Even if competitive bidding is not required by law, a state agency or department has discretion to require the certification for contracts.