239 - Provisions in contracts prohibiting discrimination on account of race, creed, color, national origin, age or sex.

§  239.  Provisions in contracts prohibiting discrimination on account  of race, creed, color, national origin, age or sex. Every  contract  for  service work shall contain provisions by which the contractor agrees:    (1)  that in the hiring of employees for the performance of work under  the contract or any subcontract thereunder within the territorial limits  of this state, no contractor, subcontractor, nor any  person  acting  on  behalf  of  such  contractor  or subcontractor, shall by reason of race,  creed, color, national origin,  age,  sex  or  disability,  discriminate  against  any  citizen  of  the  state  of  New York who is qualified and  available to perform the work to which the employment relates;    (2) that no contractor, subcontractor, nor any person  on  his  behalf  shall,  in  any  manner, discriminate against or intimidate any employee  hired for the performance of work under the contract on account of race,  creed, color, national origin, age, sex or disability;    (3) that there  may  be  deducted  from  the  amount  payable  to  the  contractor  by  the  public agency under the contract a penalty of fifty  dollars for each person for  each  day  during  which  such  person  was  discriminated  against  or intimidated in violation of the provisions of  the contract;    (4) that the contract may be cancelled or  terminated  by  the  public  agency,  and all moneys due or to become due thereunder may be forfeited  for a second or any subsequent violation of the terms or  conditions  of  this section of the contract.