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This entry was published on 2014-09-22
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SECTION 52-0111
Equal employment opportunity program
Environmental Conservation (ENV) CHAPTER 43-B, ARTICLE 52, TITLE 1
§ 52-0111. Equal employment opportunity program.

1. All contracts for design, construction, services and materials
pursuant to this article of whatever nature and all documents soliciting
bids or proposals therefor shall contain or make reference to the
following provisions:

a. The contractor will not discriminate against employees or
applicants for employment because of race, creed, color, national
origin, sex, age, disability, or marital status, and will undertake or
continue existing programs of affirmative action to ensure that minority
group persons and women are afforded equal opportunity without
discrimination. Such programs shall include, but not be limited to,
recruitment, employment, job assignment, promotion, upgrading, demotion,
transfer, layoff, termination, rates of pay or other forms of
compensation, and selections for training or retraining, including
apprenticeship and on-the-job training.

b. At the request of the department or the office, the contractor
shall request each employment agency, labor union, or authorized
representative of workers with which it has a collective bargaining or
other agreement or understanding and which is involved in the
performance of the contract with the agency to furnish a written
statement that such employment agency, labor union or representative
shall not discriminate because of race, creed, color, national origin,
sex, age, disability or marital status and that such union or
representative will cooperate in the implementation of the contractor's
obligations hereunder.

c. The contractor will state, in all solicitations or advertisements
for employees placed by or on behalf of the contractor in the
performance of the contract with the agency, that all qualified
applicants will be afforded equal employment opportunity without
discrimination because of race, creed, color, national origin, sex, age,
disability or marital status.

d. The contractor will include the provisions of paragraphs a through
c of this subdivision in every subcontract or purchase order in such a
manner that such provisions will be binding upon each subcontractor or
vendor as to its work in connection with the contract with the agency.

2. The department and the office shall establish procedures and
guidelines to ensure that contractors and subcontractors undertake
programs of affirmative action and equal employment opportunity as
required by this section. Such procedures may require after notice in a
bid solicitation, the submission of an affirmative action program prior
to the award of any contract, or at any time thereafter, and may require
the submission of compliance reports relating to the operation and
implementation of any affirmative action program adopted hereunder. The
department or the office may take appropriate action including
contractual sanctions for non-compliance to effectuate the provisions of
this section and shall be responsible for monitoring compliance with
this article.