Effective November 5, 2025, New York State has implemented a significant new requirement for employers seeking to do business with the state. Under the newly enacted State Finance Law (SFL) § 139-m, entities submitting competitive bids to the state or its agencies must now certify that they have implemented a written policy addressing gender-based violence in the workplace.
This legislation underscores New York’s continued commitment to safe work environments and imposes specific compliance obligations on state contractors.
The New Certification Mandate
SFL § 139-m requires that every bid submitted for a competitive state contract must contain a sworn statement certifying that the bidder has:
- Implemented a written policy regarding gender-based violence and the workplace; and
- Provided this policy to all employees, directors, and board members.
If a bidder cannot make this certification, they must provide a detailed signed statement explaining the reasons for their non-compliance.
What Your Policy Must Include
To comply with the new law, the policy must meet the minimum standards set forth in New York Executive Law § 575. Key components of a compliant policy include:
- Information Dissemination. Employers must display information regarding the NYS Domestic and Sexual Violence Hotline and post a specific “Gender-Based Violence and the Workplace” poster where employees can easily access it.
- Referral to Services. The policy must explicitly state that the employer will refer employees who disclose their status as survivors of domestic or gender-based violence to the appropriate hotline or local service providers.
- Prohibition on Retaliation. The policy must clearly prohibit discrimination and retaliation against employees based on their status as victims or survivors of gender-based violence.
- Compliance with Broader Laws. The policy must align with existing protections under the NYS Human Rights Law and unlawful discriminatory practices against victims of domestic violence, ensuring reasonable accommodations are available for victims.
Next Steps for Employers
If your organization bids on or intends to bid on New York State contracts, you must take immediate action to ensure eligibility.
- Adopt or Update Your Policy: Review your current employee handbook to ensure it includes a standalone policy on gender-based violence that meets the SFL § 139-m standards. The NYS Office for the Prevention of Domestic Violence (OPDV) has released a model policy to assist employers in drafting compliant language.
- Distribute to All Staff: The law requires that this policy be provided not just to employees, but also to board members and directors. Ensure you have a mechanism to document this distribution.
- Post Required Notices: Detailed information on the NYS Domestic and Sexual Violence Hotline must be visible in the workplace. For remote employees, ensure this information is available digitally.
- Train Your Teams: While not explicitly mandated by SFL § 139-m, training HR staff, and managers on the new policy and how to handle disclosures of domestic violence is a recommended best practice to ensure the policy is applied effectively.
