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This entry was published on 2014-09-22
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SECTION 427
Equal employment opportunity program
Transportation (TRA) CHAPTER 61-A, ARTICLE 17
§ 427. Equal employment opportunity program. 1. All contracts for
design, construction, services and materials for transportation
infrastructure renewal projects 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, 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 governor 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 governor may take
appropriate action to effectuate the provisions of this section and
shall be responsible for monitoring compliance with this article.