New York Imposes Additional Requirements on Public Bidders Regarding Gender-Based Violence and the Workplace

As part of its ongoing efforts to address violence in the workplace, the New York State Legislature recently enacted State Finance Law (SFL) §139-m. This new section of the State Finance Law requires any employer submitting a competitive bid required by statute to New York State or any of its public departments or agencies on and after November 5, 2025, to attest that it has a “Gender-Based Violence and the Workplace” policy that is in effect at the time of the proposal or bid response. Specifically, the law requires employers to certify: 

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 gender-based violence and the workplace and has provided such policy to all of its employees, directors and board members. Such policy shall, at a minimum, meet the requirements of subdivision 11 of section five hundred seventy-five of the executive law.

Employers that bid on contracts where competitive bidding is not required by law do not have to make this certification unless the department, agency, or official, in their discretion, decides to require it. Employers that cannot make this certification can still submit bids, but they must state that they cannot make the certification and “furnish with the bid a signed statement which sets forth in detail the reasons therefore.”¹ New York State has not identified what reasons, if any, may excuse compliance with the certification requirements. 

Complying with State Finance Law §139-m

Complying with SFL §139-m requires two things: (1) ensuring that the bidder has a written policy addressing gender-based violence and the workplace that meets the requirements of subdivision 11 of Section 575 of the Executive Law; and (2) providing such policy to all of the bidder’s employees, directors, and board members. These requirements apply only to bids and responses issued on or after November 5, 2025. Existing contracts are not impacted. 

Subdivision 11 of Section 575 of the Executive Law does not contain any explicit requirements for a written policy, but instead indicates that the state’s Office for the Prevention of Domestic Violence (OPDV) will publish a model “Gender-Based Violence and the Workplace Policy.” The OPDV has published this policy, which is available here. The OPDV states that the model policy can be tailored to an employer’s individual needs, but must contain the following: 

• 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.² 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. While employers are required to provide referrals, it is not required for the employee to access services.
• 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 bidder’s policy must follow state law. For employers based in New York State, this means that the policy must follow the SAFE Leave Act, New York State Human Rights Law, and any other relevant laws and regulations.
• Offer Implementation Support: OPDV is able to assist employers in developing and implementing this policy. Employers must provide information to supervisors and human resources, where available, about this technical assistance from OPDV. OPDV can be contacted at workplace@opdv.ny.gov.

While the model policy is expansive, the OPDV clearly states that it can be tailored to fit an employer’s needs, which suggests that employers have some leeway to comply as long as they implement a policy that addresses the topics listed above.

The enactment of SFL §139-m is another step by New York State to try to address gender-based violence and the workplace, and applies to all bids or proposals as of November 5, 2025. Therefore, employers that engage in public bidding should move quickly to comply with SFL §139-m by developing and implementing a gender-based violence policy if they do not already have one. Any issues about complying with SFL §139-m should be documented and explained as best as possible.