Effective November 5, 2025, New York added Section 139-m to the State Finance Law, requiring all bidders on competitive state procurements to certify that they have adopted and implemented a written policy addressing gender-based violence in the workplace. For employers who perform public works or regularly bid on state contracts, compliance is a prerequisite to competing for state business. The consequences of falsely certifying compliance are severe and include criminal liability, contract disqualification, and potential civil penalties. Employers should take prompt action to adopt compliant policies, train their personnel, and document their compliance efforts.
Who Is Affected
The law applies to every bid submitted to the State of New York or any public department or agency thereof where competitive bidding is required by statute, rule, or regulation, for work or services performed or to be performed, or goods sold or to be sold. Even where competitive bidding is not mandated, state agencies may, at their discretion, require the certification. A “bidder” includes any individual, business, vendor, or legal entity—or any employee, agent, consultant, or person acting on their behalf—that submits a bid in response to a state solicitation.
The Certification Requirement
Every bid must contain a sworn statement, affirmed under penalty of perjury, certifying the following:
“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.”
Critically, a bid that does not include this certification cannot be considered for award. If a bidder cannot make this certification, it must furnish a signed statement with the bid detailing the reasons it is unable to comply. For corporate bidders, submission of a bid containing this statement is deemed to have been authorized by the board of directors and the certification is deemed an act of the corporation.
Required Policy Elements
Guidance published by the New York State Office for the Prevention of Domestic Violence (OPDV) specifies that a compliant gender-based violence and the workplace policy must, at a minimum, include the following elements:
- Information Accessibility. Employers must display the NYS Domestic and Sexual Violence Hotline number and post a gender-based violence and workplace poster in locations where employees can see and access them. Where possible, this information should be available in the employee’s primary language.
- Referral 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 out-of-state bidders, referrals should be made to a local provider or statewide hotline.
- Prohibition on Retaliation. The policy must clearly state that discrimination or retaliation against employees who identify as victims or survivors of gender-based violence is prohibited.
- Alignment with State Law. The policy must comply with applicable New York State law, including the SAFE Leave Act (New York’s Paid Sick Leave Law), the New York State Human Rights Law, and any other relevant laws and regulations.
- Implementation Support. Employers must inform supervisors and human resources personnel (where available) that OPDV offers technical assistance in developing and implementing these policies.
Model Policy Available
The OPDV has published a model gender-based violence and the workplace policy that employers may utilize, which is available on the websites of OPDV, the New York State Department of Labor, and the Division of Human Rights. A copy of the certification form is also available on the New York Department of State website.
Liability Exposure for False Certifications
Contractors should be aware of the significant legal exposure associated with this requirement. The certification is made under penalty of perjury, which carries serious legal consequences. A bidder who certifies compliance when it has not, in fact, adopted and implemented a compliant policy—or who has not distributed the policy to all employees, directors, and board members—exposes itself and the certifying individual to:
- Perjury Charges. Making a false statement under penalty of perjury is a criminal offense, punishable by up to seven years in prison.
- Contract Disqualification. Bids that fail to comply with the certification requirement cannot be considered for award. Discovery of a false certification could result in the rejection of the bid or termination of an awarded contract.
- Potential False Claims Liability. A false certification submitted in connection with a state contract could trigger liability under New York’s False Claims Act, which provides for treble damages and civil penalties of up to $12,000 per claim.
- Debarment Risk. Contractors found to have made material misrepresentations in connection with state procurements may be subject to debarment from future state contracting opportunities.
- Reputational Harm. Beyond legal consequences, a contractor’s reputation with public agencies and in the marketplace could be damaged by allegations of false certification or inadequate workplace policies.
What Should Public Contractors Do?
Employers who bid on New York State projects should immediately audit their workplace policies to ensure they have a compliant written policy addressing gender-based violence in the workplace. Before signing any certification, we recommend having legal counsel review your policy and practices to ensure you can truthfully make the required attestation.
Employers should distribute the policy to all employees, directors, and board members, and train everyone on the policy and risks associated with false certifications. Employers should also ensure they are displaying the NYS Domestic and Sexual Violence Hotline number and the required workplace poster in visible, accessible locations, and consider designating a point of contact who can respond to employee disclosures and provide appropriate referrals. It is especially important to maintain records demonstrating policy adoption, distribution, posting compliance, and supervisor training to support your certification if questions arise.
If you have questions as to whether your company has a compliant policy or about your company’s past certifications, Hinckley Allen can help. Our Labor & Employment group is well-versed in the requirements of the new law, and our Litigation and Construction groups frequently advise clients on their certifications for public contracts, including any false certification claims they may be facing.
