New York State Implements “Gender-Based Violence and the Workplace” Certification Requirement for Bidders

Beginning November 5, 2025, all entities submitting competitive bids to New York State, including bids to any state department, agency, or public authority, must certify that they have adopted and implemented a written “Gender-Based Violence and the Workplace” policy.

This requirement stems from the addition of Section 139-m to the New York State Finance Law, enacted as part of the FY 2025–2026 State Budget, and cross-references Executive Law §575(11), which directs the Office for the Prevention of Domestic Violence (OPDV) to publish model policies and guidance for employers.

Who Must Comply

The certification requirement applies to:

• Any competitive procurement issued on or after November 5, 2025; and

• All bidders seeking to perform work, provide services, or sell goods to the State or any public department or agency.

It does not apply to existing contracts or to procurements issued before November 5, 2025.

Certification Requirement

Each bidder must include in its proposal the following affirmed statement, subscribed under penalty of perjury:

“By submission of this bid, each bidder and each person signing on behalf of any bidder certifies … 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 575 of the executive law.”
— N.Y. State Finance Law §139-m(1)(a)

Failure to provide this certification will render a bid ineligible for award.

Minimum Policy Requirements

To comply, an employer’s written policy must include, at minimum:

1. Employee Information & Awareness
   • Provide employees with information about gender-based violence and available resources.
   • Display the New York State Domestic and Sexual Violence Hotline number and the official workplace poster.
2. Referral to Support Services
   • Require referral of employees who disclose current or past victimization to the State Hotline or, for out-of-state employers, to a comparable local provider.
   • Hotline: 1-800-942-6906 | Text: 844-997-2121 | Chat: opdv.ny.gov
3. Non-Discrimination & Non-Retaliation
   • Prohibit discrimination or retaliation against employees who identify as victims or survivors of gender-based violence.
4. Compliance with Applicable Law
   • Ensure alignment with other New York laws, including the New York State Human Rights Law and all related labor and employment statutes.
5. Implementation Support
   • Inform Human Resources and supervisory staff of implementation resources and training available from the Office for the Prevention of Domestic Violence (OPDV).

Practical Next Steps for Employers

• Draft or adopt a compliant policy. Employers may develop their own written policy or adapt the forthcoming OPDV model policy once issued.
• Distribute and post the policy. It must be provided to all employees, directors, and board members and prominently displayed at worksites.
• Integrate certification into bid procedures. Procurement departments and compliance officers should update internal checklists to ensure the certification accompanies every State bid submitted on or after November 5, 2025.
• Train HR and supervisory staff. Ensure familiarity with the referral process and OPDV guidance.

Failure to have and certify a compliant policy will disqualify a bid from consideration. Entities seeking to do business with New York State must act promptly to implement and document compliance before submitting any bid after November 5, 2025.

Welby, Brady & Greenblatt, LLP can assist with drafting, implementing, and certifying a Gender-Based Violence and the Workplace Policy consistent with these new statutory requirements.

If you would like more information regarding this topic please contact Thomas S. Tripodianos at ttripodianos@wbgllp.com or call (914) 607-6440