In the case of a respondent who is found by the Attorney General to have engaged in a discriminatory practice in the course of performing under a contract or subcontract with the state or any governmental entity, or agency thereof, if the discriminatory practice was authorized, requested, commanded, performed or recklessly tolerated by the board of directors of the respondent or by a high managerial agent acting within the scope of his or her employment, the Attorney General shall so certify to the contracting agency. Unless the Attorney General’s finding of a discriminatory practice is upheld in the course of judicial review, the finding of discrimination is not binding on the contracting agency. Upon receiving a certification made under this section, a contracting agency may take appropriate action to:

1. Terminate a contract or portion thereof previously entered into with the respondent, either absolutely or on condition that the respondent carry out a program of compliance with the provisions of Section 1101 et seq. of this title; and

2. Assist the state and all governmental entities and agencies thereof to refrain from entering into further contracts, or extensions or other modifications of existing contracts, with the respondent until the Attorney General is satisfied that the respondent will carry out policies in compliance with the provisions of Section 1101 et seq. of this title.

Added by Laws 1968, c. 388, § 604. Amended by Laws 2013, c. 214, § 26, emerg. eff. May 7, 2013.