(a) It is the policy of New York State Unified Court System to ensure equal employment opportunity for all employees and applicants for employment, without regard to race, color, national origin, religion, creed, sex (including freedom from sexual harassment), sexual orientation, gender identity, gender expression, age, marital status, disability, or, in certain circumstances, prior criminal record. No person shall be prevented from qualifying for employment in any position in the Unified Court System because of any of these factors, unless these factors are bona fide occupational qualifications.

(b) The Chief Administrator of the Courts may determine up to 100 positions in the competitive class with duties such as can be performed by physically or mentally disabled persons who are found otherwise qualified to perform satisfactorily the duties of any such position. Upon such determination, the position shall be classified in the noncompetitive class, and may be filled only by persons who shall have been certified by an appropriate agency as being either physically or mentally disabled, but capable of performing the duties of such positions.