EQUAL OPPORTUNITY CLAUSE. The following provision applies if the agreement meets the definition of “federally assisted construction contract” as defined by 41 CFR Part 60-1.3: During the performance of this Agreement, the Recipient agrees as follows: i. The Recipient will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The Recipient will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: a. Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Recipient agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. ii. The Recipient will, in all solicitations or advertisements for employees placed by or on behalf of the Recipient, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. iii. The Recipient will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the Recipient's legal duty to furnish information. iv. The Recipient will send to each labor union or representative of workers with which he has a collective bargaining agreement or other Agreement or understanding, a notice to be provided advising the said labor union or workers' representatives of the Recipient's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. v. The Recipient will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. vi. The Recipient will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. vii. In the event of the Recipient's noncompliance with the nondiscrimination clauses of this Agreement or with any of the said rules, regulations, or orders, this Agreement may be canceled, terminated, or suspended in whole or in part and the Recipient may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. viii. The Recipient will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Recipient will take such action with respect to any subcontractor purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance.
Appears in 22 contracts
Samples: Standard Grant Agreement, Standard Grant Agreement, Standard Grant Agreement
EQUAL OPPORTUNITY CLAUSE. The following provision applies if the agreement meets the definition of “federally assisted construction contract” as defined by 41 CFR Part 60-1.3: During the performance of this Agreement, the Recipient agrees as follows:
i. A. The Recipient will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The Recipient will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following:
a. i. Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Recipient agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause.
ii. B. The Recipient will, in all solicitations or advertisements for employees placed by or on behalf of the Recipient, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.
iii. C. The Recipient will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the Recipient's legal duty to furnish information.
iv. D. The Recipient will send to each labor union or representative of workers with which he has a collective bargaining agreement or other Agreement or understanding, a notice to be provided advising the said labor union or workers' representatives of the Recipient's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.
v. E. The Recipient will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.
vi. F. The Recipient will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.
vii. G. In the event of the Recipient's noncompliance with the nondiscrimination clauses of this Agreement or with any of the said rules, regulations, or orders, this Agreement may be canceled, terminated, or suspended in whole or in part and the Recipient may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.
viii. H. The Recipient will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Recipient will take such action with respect to any subcontractor purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance.
Appears in 15 contracts
Samples: Standard Grant Agreement, Agreement No. 23frp08, Standard Grant Agreement
EQUAL OPPORTUNITY CLAUSE. The following provision applies if the agreement meets the definition of “federally assisted construction contract” as defined by 41 CFR Part 60-1.3: During the performance of this Agreementcontract, the Recipient contractor agrees as follows:
i. (1) The Recipient contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The Recipient contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following:
a. : (a). Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Recipient contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause.forth
ii. (2) The Recipient contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Recipientcontractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.
iii. (3) The Recipient contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the Recipientcontractor's legal duty to furnish information.
iv. (4) The Recipient contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other Agreement contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Recipientcontractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.
v. (5) The Recipient contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.
vi. (6) The Recipient contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.
vii. (7) In the event of the Recipientcontractor's noncompliance with the nondiscrimination clauses of this Agreement contract or with any of the said rules, regulations, or orders, this Agreement contract may be canceled, terminated, or suspended in whole or in part and the Recipient contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.
viii. (8) The Recipient contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Recipient contractor will take such action with respect to any subcontractor subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance:
(a) Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States.
(b) The applicant further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work: Provided, That if the applicant so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the contract.
(c) The applicant agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance.
(d) The applicant further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive Order. In addition, the applicant agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions: Cancel, terminate, or suspend in whole or in part this grant (contract, loan, insurance, guarantee); refrain from extending any further assistance to the applicant under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such applicant; and refer the case to the Department of Justice for appropriate legal proceedings.
(9) [Reserved]
Appears in 11 contracts
Samples: Master Contract, Master Contract, Master Contract
EQUAL OPPORTUNITY CLAUSE. The following provision applies if the agreement meets the definition of If this Agreement is a “federally assisted construction contract” as defined by in 41 CFR C.F.R. Part 60-1.3: During , and except as otherwise may be provided under 41 C.F.R. Part 60, then during the performance of this Agreement, the Recipient VENDOR agrees as follows:
i. a. The Recipient contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The Recipient contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment employment, without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following:
a. : Employment, upgrading, demotion, or transfer; , recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Recipient contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause.
ii. b. The Recipient contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Recipientcontractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.
iii. c. The Recipient contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the Recipientcontractor's legal duty to furnish information.
iv. d. The Recipient contractor will send to each labor union or representative of workers with which he it has a collective bargaining agreement or other Agreement contract or understanding, a notice to be provided by the agency contracting officer, advising the said labor union or workers' representatives representative of the Recipientcontractor's commitments under this sectionsection 202 of Executive Order 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.
v. e. The Recipient contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.
vi. f. The Recipient contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.
vii. g. In the event of the Recipientcontractor's noncompliance non-compliance with the nondiscrimination clauses of this Agreement contract or with any of the said such rules, regulations, or orders, this Agreement contract may be canceled, terminated, terminated or suspended in whole or in part and the Recipient contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.
viii. h. The Recipient contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Recipient contractor will take such action with respect to any subcontractor subcontract or purchase order as may be directed by the administering agency may direct Secretary of Labor as a means of enforcing such provisions, provisions including sanctions for noncompliance: Provided, however, that in the event the contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction, the contractor may request the United States to enter into such litigation to protect the interests of the United States.
Appears in 10 contracts
Samples: Compliance Agreement, Compliance With State and Federal Laws, Compliance With State and Federal Laws
EQUAL OPPORTUNITY CLAUSE. The following provision applies if the agreement meets the definition of “federally assisted construction contract” as defined by 41 CFR Part 60-1.3: During the performance of this Agreementcontract, the Recipient contractor agrees as follows:
i. (1) The Recipient contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The Recipient contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following:
a. Employment: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Recipient contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause.
ii. (2) The Recipient contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Recipientcontractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.
iii. (3) The Recipient contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the Recipientcontractor's legal duty to furnish information.
iv. (4) The Recipient contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other Agreement contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Recipientcontractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.
v. The Recipient will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.
vi. The Recipient will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.
vii. In the event of the Recipient's noncompliance with the nondiscrimination clauses of this Agreement or with any of the said rules, regulations, or orders, this Agreement may be canceled, terminated, or suspended in whole or in part and the Recipient may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.
viii. The Recipient will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Recipient will take such action with respect to any subcontractor purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance.
Appears in 6 contracts
Samples: Agreement for Professional Environmental Services, Professional Services, Professional Services
EQUAL OPPORTUNITY CLAUSE. The following provision applies if the agreement meets the definition of “federally assisted construction contract” as defined by 41 CFR Part 60-1.3: During the performance of this Agreement, the Recipient Consultant agrees as follows:
i. The Recipient Consultant will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The Recipient Consultant will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following:
a. : Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Recipient Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause.
ii. The Recipient Consultant will, in all solicitations or advertisements for employees placed by or on behalf of the RecipientConsultant, state that all qualified applicants will receive consideration considerations for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.
iii. The Recipient Consultant will not discharge discourage or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's ’s essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the Recipient's Consultant’s legal duty to furnish information.
iv. The Recipient Consultant will send to each labor union or representative of workers with which he has a collective bargaining agreement or other Agreement contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Recipient's Consultant’s commitments under this section, section and shall post copies of the notice in conspicuous places available to employees and applicants for employment.
v. The Recipient Consultant will comply with all provisions of Executive Order 11246 of September 24, 1965, “Equal Employment Opportunity,” and of the rules, regulations, and relevant orders of the Secretary of Labor.
vi. The Recipient Consultant will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.
vii. In the event of the Recipient's Consultant’s noncompliance with the nondiscrimination clauses of this Agreement contract or with any of the said rules, regulations, or orders, this Agreement contract may be canceled, terminated, or suspended in whole or in part and the Recipient Consultant may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.
viii. The Recipient Consultant will include the portion of the sentence immediately preceding paragraph (1i) and the provisions of paragraphs (1i) through (8) vii) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Recipient Consultant will take such action with respect to any subcontractor subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, that in the event a Consultant becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency the Consultant may request the United States to enter into such litigation to protect the interests of the United States.
Appears in 4 contracts
Samples: Grant Agreement, Consulting Agreement, Engineering Services Agreement
EQUAL OPPORTUNITY CLAUSE. The following provision applies if the agreement meets the definition of “federally assisted Developer hereby agrees that it will incorporate or cause to be incorporated into any contract for construction contract” work, or modification thereof, as defined by in the regulations of the Secretary of Labor at 41 CFR Part C.F.R. Chapter 60-1.3, which is paid for in whole or in part with funds obtained from the Federal Government or borrowed on the credit of the Federal Government pursuant to a grant, contract, loan, insurance, or guarantee, or undertaken pursuant to any Federal program involving such grant, contract, loan, insurance, or guarantee, the following equal opportunity clause: “During the performance of this Agreementcontract, the Recipient contractor agrees as follows:
i. (1) The Recipient contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The Recipient contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following:
a. : Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Recipient contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause.
ii. (2) The Recipient contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Recipientcontractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.
iii. (3) The Recipient contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the Recipientcontractor's legal duty to furnish information.
iv. (4) The Recipient contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other Agreement contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Recipientcontractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.
v. (5) The Recipient contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.
vi. (6) The Recipient contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.
vii. (7) In the event of the Recipientcontractor's noncompliance with the nondiscrimination clauses of this Agreement contract or with any of the said rules, regulations, or orders, this Agreement contract may be canceled, terminated, or suspended in whole or in part and the Recipient contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.
viii. (8) The Recipient contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Recipient contractor will take such action with respect to any subcontractor subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance.:
Appears in 4 contracts
Samples: Grant Agreement, Grant Agreement, Grant Agreement
EQUAL OPPORTUNITY CLAUSE. The following provision applies if the agreement meets the definition Section 202 of “federally assisted construction contract” as defined by 41 CFR Part 60-1.3: Executive Order 11246.
(a) During the performance of this Agreementcontract, the Recipient Developer agrees as follows:
i. The Recipient (i) Developer will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The Recipient Developer will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following:
a. Employment: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Recipient Developer agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause.
(ii. The Recipient ) Developer will, in all solicitations or advertisements for employees placed by or on behalf of the RecipientDeveloper, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.
(iii. The Recipient ) Developer will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the Recipient's Developer’s legal duty to furnish information.
(iv. The Recipient ) Developer will send to each labor union or representative of workers with which he has a collective bargaining agreement or other Agreement contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Recipient's Developer’s commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.
v. The Recipient (v) Developer will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.
(vi. The Recipient ) Developer will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.
(vii. ) In the event of the Recipient's Developer’s noncompliance with the nondiscrimination clauses of this Agreement contract or with any of the said rules, regulations, or orders, this Agreement contract may be canceled, terminated, or suspended in whole or in part and the Recipient Developer may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.
(viii. The Recipient ) Developer will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon the General Contractor and each subcontractor or vendor. The Recipient Developer will take such action with respect to any subcontractor subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: provided, however, that in the event a Developer becomes involved in, or is threatened with, litigation with the General Contractor, a subcontractor, or a vendor as a result of such direction by the administering agency, Developer may request the United States to enter into such litigation to protect the interests of the United States.
(b) Developer further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work: provided, that if the applicant so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the contract.
(c) Developer agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of the General Contractor and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance.
(d) Developer further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive Order. In addition, Developer agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions: Cancel, terminate, or suspend in whole or in part this grant (contract, loan, insurance, guarantee); refrain from extending any further assistance to the applicant under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such applicant; and refer the case to the Department of Justice for appropriate legal proceedings.
(e) Developer hereby agrees that it will incorporate or cause to be incorporated into any contract or subcontract for construction work, or modification thereof, as defined in the regulations of the Secretary of Labor at 41 CFR Chapter 60, which is paid for in whole or in part with funds obtained from the Federal Government or borrowed on the credit of the Federal Government pursuant to a grant, contract, loan, insurance, or guarantee, or undertaken pursuant to any Federal program involving such grant, contract, loan, insurance, or guarantee, this provisions of this Section 3 of Exhibit M.
Appears in 3 contracts
Samples: Development and Loan Agreement, Development and Loan Agreement, Development and Loan Agreement
EQUAL OPPORTUNITY CLAUSE. The following provision applies if the agreement meets the definition of “federally assisted Provider hereby agrees that it will incorporate or cause to be incorporated into any contract for construction contract” work, or modification thereof, as defined by in the regulations of the Secretary of Labor at 41 CFR Part C.F.R. Chapter 60-1.3, which is paid for in whole or in part with funds obtained from the Federal Government or borrowed on the credit of the Federal Government pursuant to a grant, contract, loan, insurance, or guarantee, or undertaken pursuant to any Federal program involving such grant, contract, loan, insurance, or guarantee, the following equal opportunity clause: “During the performance of this Agreementcontract, the Recipient contractor agrees as follows:
i. (1) The Recipient contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The Recipient contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following:
a. : Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Recipient contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause.
ii. (2) The Recipient contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Recipientcontractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.. In Process
iii. (3) The Recipient contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the Recipientcontractor's legal duty to furnish information.
iv. (4) The Recipient contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other Agreement contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Recipientcontractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.
v. (5) The Recipient contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.
vi. (6) The Recipient contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.
vii. (7) In the event of the Recipientcontractor's noncompliance with the nondiscrimination clauses of this Agreement contract or with any of the said rules, regulations, or orders, this Agreement contract may be canceled, terminated, or suspended in whole or in part and the Recipient contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.
viii. (8) The Recipient contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Recipient contractor will take such action with respect to any subcontractor subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: In direction by the administering agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States.” Process
Appears in 3 contracts
Samples: Subrecipient Agreement, Subrecipient Agreement, Subrecipient Agreement
EQUAL OPPORTUNITY CLAUSE. The following provision applies if the agreement meets the definition of “federally assisted construction contract” as defined by 41 CFR Part 60-1.3: During the performance of this Agreement, the Recipient Consultant agrees as follows:
i. The Recipient Consultant will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The Recipient Consultant will take affirmative action to ensure that applicants are employed, and that employees are treated during employment employment, without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following:
a. : Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Recipient Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause.
ii. The Recipient Consultant will, in all solicitations or advertisements for employees placed by or on behalf of the RecipientConsultant, state that all qualified applicants will receive consideration considerations for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.
iii. The Recipient Consultant will not discharge discourage or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's ’s essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the Recipient's Consultant’s legal duty to furnish information.
iv. The Recipient Consultant will send to each labor union or representative of workers with which he has a collective bargaining agreement or other Agreement or understanding, a notice to be provided advising the said labor union or workers' representatives of the Recipient's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.collective
v. The Recipient Consultant will comply with all provisions of Executive Order 11246 of September 24, 1965, “Equal Employment Opportunity,” and of the rules, regulations, and relevant orders of the Secretary of Labor.
vi. The Recipient Consultant will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.
vii. In the event of the Recipient's Consultant’s noncompliance with the nondiscrimination clauses of this Agreement contract or with any of the said rules, regulations, or orders, this Agreement contract may be canceled, terminated, or suspended in whole or in part and the Recipient Consultant may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.
viii. The Recipient Consultant will include the portion of the sentence immediately preceding paragraph (1i) and the provisions of paragraphs (1i) through (8) vii) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Recipient Consultant will take such action with respect to any subcontractor subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, that in the event a Consultant becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency the Consultant may request the United States to enter into such litigation to protect the interests of the United States.
Appears in 2 contracts
Samples: Grant Administration Services Agreement, Grant Administration Services Agreement
EQUAL OPPORTUNITY CLAUSE. The following provision applies if the agreement meets the definition of “federally assisted construction contract” as defined by 41 CFR Part 60-1.3: During the performance of this Agreement, the Recipient agrees as follows:
i. A. The Recipient will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The Recipient will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following:
a. i. Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Recipient agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause.
ii. B. The Recipient will, in all solicitations or advertisements for employees placed by or on behalf of the Recipient, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.
iii. C. The Recipient will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's Rev. 6/27/2024 essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the Recipient's legal duty to furnish information.
iv. D. The Recipient will send to each labor union or representative of workers with which he has a collective bargaining agreement or other Agreement or understanding, a notice to be provided advising the said labor union or workers' representatives of the Recipient's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.
v. E. The Recipient will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.
vi. F. The Recipient will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.
vii. G. In the event of the Recipient's noncompliance with the nondiscrimination clauses of this Agreement or with any of the said rules, regulations, or orders, this Agreement may be canceled, terminated, or suspended in whole or in part and the Recipient may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.
viii. H. The Recipient will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Recipient will take such action with respect to any subcontractor purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance.
Appears in 2 contracts
Samples: Amendment to Agreement No. 22frp106, Agreement No. 23frp18
EQUAL OPPORTUNITY CLAUSE. The following provision applies if the agreement meets the definition of “federally assisted construction contract” as defined by 41 CFR Part 60-1.3: NONDISCRIMINATION During the performance of this Agreement, the Recipient Contractor agrees as follows:
i. (a) The Recipient Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The Recipient Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment employment, without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following:
a. : Employment, upgrading, demotion, or transfer; , recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Recipient Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause.
ii. (b) The Recipient Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the RecipientContractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.
iii. (c) The Recipient Contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the RecipientContractor's legal duty to furnish information.
iv. (d) The Recipient Contractor will send to each labor union or representative of workers with which he it has a collective bargaining agreement or other Agreement contract or understanding, a notice to be provided by the agency contracting officer, advising the said labor union or workers' representatives representative of the RecipientContractor's commitments under this sectionsection 202 of Executive Order 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.
v. (e) The Recipient Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.
vi. (f) The Recipient Contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.
vii. (g) In the event of the RecipientContractor's noncompliance non-compliance with the nondiscrimination clauses of this Agreement contract or with any of the said such rules, regulations, or orders, this Agreement contract may be canceled, terminated, terminated or suspended in whole or in part and the Recipient Contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.
viii. The Recipient will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Recipient will take such action with respect to any subcontractor purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance.
Appears in 2 contracts
Samples: Contract for Debris Monitoring Services, Contract for Disaster Debris Management and Removal Services
EQUAL OPPORTUNITY CLAUSE. The following provision applies if the agreement meets the definition of “federally assisted construction contract” as defined by 41 CFR Part 60-1.3: During the performance of this Agreementcontract, the Recipient contractor agrees as follows:
i. : The Recipient contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The Recipient contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following:
a. : Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Recipient contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause.
ii. The Recipient contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Recipientcontractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.
iii. The Recipient contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the Recipientcontractor's legal duty to furnish information.
iv. The Recipient contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other Agreement contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Recipientcontractor's commitments under this section, section and shall post copies of the notice in conspicuous places available to employees and applicants for employment.
v. . The Recipient contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.
vi. The Recipient contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.
vii. In the event of the Recipientcontractor's noncompliance with the nondiscrimination clauses of this Agreement contract or with any of the said rules, regulations, or orders, this Agreement contract may be canceled, terminated, or suspended in whole or in part and the Recipient contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.
viii. The Recipient contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Recipient contractor will take such action with respect to any subcontractor subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States. Applicability The Project or Program to which the construction work covered by this contract pertains is being assisted by the United States of America and the following Federal Labor Standards Provisions are included in this Contract pursuant to the provisions applicable to such Federal assistance.
Appears in 2 contracts
Samples: Construction Contract, Construction Contract
EQUAL OPPORTUNITY CLAUSE. The following provision applies if the agreement meets the definition of “federally assisted Subrecipient hereby agrees that it will incorporate or cause to be incorporated into any contract for construction contract” work, or modification thereof, as defined by in the regulations of the Secretary of Labor at 41 CFR Part C.F.R. Chapter 60-1.3, which is paid for in whole or in part with funds obtained from the Federal Government or borrowed on the credit of the Federal Government pursuant to a grant, contract, loan, insurance, or guarantee, or undertaken pursuant to any Federal program involving such grant, contract, loan, insurance, or guarantee, the following equal opportunity clause quoted and bolded below: “During the performance of this Agreementcontract, the Recipient contractor agrees as follows:
i. (1) The Recipient contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The Recipient contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following:
a. : Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Recipient contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause.
ii. (2) The Recipient contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Recipientcontractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.
iii. (3) The Recipient contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the Recipientcontractor's legal duty to furnish information.
iv. (4) The Recipient contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other Agreement contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Recipientcontractor's commitments under this section, section and shall post copies of the notice in conspicuous places available to employees and applicants for employment.
v. (5) The Recipient contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.
vi. (6) The Recipient contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.
vii. (7) In the event of the Recipientcontractor's noncompliance with the nondiscrimination clauses of this Agreement contract or with any of the said rules, regulations, or orders, this Agreement contract may be canceled, terminated, or suspended in whole or in part and the Recipient contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.
viii. (8) The Recipient contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Recipient contractor will take such action with respect to any subcontractor subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance.:
Appears in 2 contracts
Samples: Subrecipient Agreement, Subrecipient Agreement
EQUAL OPPORTUNITY CLAUSE. The following provision applies if the agreement Contract meets the definition of “federally assisted construction contract” as defined by 41 CFR Part 60-1.3: During the performance of this AgreementContract, the Recipient Contractor agrees as follows:
i. A. The Recipient Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The Recipient Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following:
a. i. Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Recipient Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause.
ii. B. The Recipient Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the RecipientContractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.
iii. C. The Recipient Contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the RecipientContractor's legal duty to furnish information.
iv. D. The Recipient Contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other Agreement Contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the RecipientContractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.
v. X. The Recipient Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.
vi. F. The Recipient Contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.
vii. G. In the event of the RecipientContractor's noncompliance with the nondiscrimination clauses of this Agreement Contract or with any of the said rules, regulations, or orders, this Agreement Contract may be canceled, terminated, or suspended in whole or in part and the Recipient Contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.
viii. H. The Recipient Contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Recipient Contractor will take such action with respect to any subcontractor purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance.
Appears in 1 contract
Samples: Contract
EQUAL OPPORTUNITY CLAUSE. The following provision applies if the agreement meets the definition of “federally assisted Subrecipient hereby agrees that it will incorporate or cause to be incorporated into any contract for construction contract” work, or modification thereof, as defined by in the regulations of the Secretary of Labor at 41 CFR Part C.F.R. Chapter 60-1.3, which is paid for in whole or in part with funds obtained from the Federal Government or borrowed on the credit of the Federal Government pursuant to a grant, contract, loan, insurance, or guarantee, or undertaken pursuant to any Federal program involving such grant, contract, loan, insurance, or guarantee, the following equal opportunity clause: “During the performance of this Agreementcontract, the Recipient contractor agrees as follows:
i. (1) The Recipient contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The Recipient contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following:
a. : Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Recipient contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause.
ii. (2) The Recipient contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Recipientcontractor, state that all qualified applicants will receive In consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.. Process
iii. (3) The Recipient contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the Recipientcontractor's legal duty to furnish information.
iv. (4) The Recipient contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other Agreement contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Recipientcontractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.
v. (5) The Recipient contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.
vi. (6) The Recipient contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.
vii. (7) In the event of the Recipientcontractor's noncompliance with the nondiscrimination clauses of this Agreement contract or with any of the said rules, regulations, or orders, this Agreement contract may be canceled, terminated, or suspended in whole or in part and the Recipient contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.
viii. (8) The Recipient contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Recipient contractor will take such action with respect to any subcontractor subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance.: In Process
Appears in 1 contract
Samples: Subrecipient Agreement
EQUAL OPPORTUNITY CLAUSE. The following provision applies if the agreement meets the definition of “federally assisted construction contract” as defined by 41 CFR Part 60-1.3: 16.1.1 During the performance of this Agreementcontract, the Recipient Contractor agrees as follows:
i. a. The Recipient Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The Recipient Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment employment, without regard to their race, color, religion, sex, sexual orientation, gender identityidentify, or national origin. Such action shall include, but not be limited to to, the following:
a. Employment: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff layoff, or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Recipient Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause.in
ii. b. The Recipient Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the RecipientContractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.
iii. c. The Recipient contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the Recipientcontractor's legal duty to furnish information.
iv. d. The Recipient Contractor will send to each labor union or representative of workers with which he it has a collective bargaining agreement or other Agreement contract or understanding, a notice to be provided by the agency contracting officer, advising the said labor union or workers' representatives ’ representative of the Recipient's Contractor’s commitments under this sectionsection 202 of Executive Order 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.
v. e. The Recipient Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.
vi. f. The Recipient Contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.
vii. g. In the event of the Recipient's Contractor’s noncompliance with the nondiscrimination clauses of this Agreement contract or with any of the said such rules, regulations, or orders, this Agreement contract may be canceled, terminated, or suspended in whole or in part and the Recipient Contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.
viii. h. The Recipient Contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Recipient Contractor will take such action with respect to any subcontractor subcontract or purchase order as may be directed by the administering agency may direct Secretary of Labor as a means of enforcing such provisions, including sanctions for noncompliance.:
Appears in 1 contract
Samples: Construction Contract
EQUAL OPPORTUNITY CLAUSE. The following provision applies if the agreement meets the definition of “federally assisted construction contract” as defined by 41 CFR Part 60-1.3: During the performance of this Agreement, Contractor agrees to comply with all applicable provisions of 41 C.F.R § 60–1.4(b), including but not limited to the Recipient agrees as followsfollowing:
i. The Recipient (1) Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The Recipient Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following:
a. : Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Recipient Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause.
ii. The Recipient (2) Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Recipientcontractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.
iii. The Recipient (3) Contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's ’s essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the Recipient's contractor’s legal duty to furnish information.
iv. The Recipient will send to each labor union or representative of workers with which he has a collective bargaining agreement or other Agreement or understanding, a notice to be provided advising the said labor union or workers' representatives of the Recipient's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.
v. The Recipient will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.
vi. The Recipient will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.
vii. In the event of the Recipient's noncompliance with the nondiscrimination clauses of this Agreement or with any of the said rules, regulations, or orders, this Agreement may be canceled, terminated, or suspended in whole or in part and the Recipient may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.
viii. The Recipient will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Recipient will take such action with respect to any subcontractor purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance.
Appears in 1 contract
Samples: Standard Short Form of Agreement Between Owner and Contractor
EQUAL OPPORTUNITY CLAUSE. 1. The Owner shall include in every contract and subcontract the equal opportunity clauses of 4 DCMR §§ 1103.2-1103.10 to bind the provisions upon each contractor, subcontractor, or vendor. The following provision applies if the agreement meets the definition language must be included in each contract or subcontract of this project: “federally assisted construction contract” as defined by 41 CFR Part 60-1.3: EQUAL EMPLOYMENT OPPORTUNITY During the performance of this Agreementcontract, the Recipient contractor agrees as follows:
i. (1) The Recipient contractor will not discriminate against any employee or applicant for employment because of race, color, religion, national origin, sex, age, marital status, personal appearance, sexual orientation, gender identityfamily responsibilities, matriculation, political affiliation, or national originphysical handicap. The Recipient contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment employment, without regard to their race, color, religion, national origin, sex, age, marital status, personal appearance, sexual orientation, gender identityfamily responsibilities, matriculation, political affiliation, or national originphysical handicap. Such action shall include, but not be limited to to, the following:
a. Employment, : employment; upgrading, demotion, or ; transfer; recruitment or recruitment advertising; layoff or demotion; layoffs; termination; rates of pay or other forms of compensation; and selection for training, including training and apprenticeship. The Recipient contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clauseChapter 11, Title 4 of the District of Columbia Municipal Regulations.
ii. (2) The Recipient contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Recipientcontractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, national origin, sex, age, marital status, personal appearance, sexual orientation, gender identityfamily responsibilities, matriculation, political affiliation, or national originphysical handicap.
iii. (3) The Recipient will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the Recipient's legal duty to furnish information.
iv. The Recipient contractor will send to each labor union or representative of workers with which he the contractor has a collective bargaining agreement agreements or other Agreement contract or understanding, a notice to be provided by or at the direction of the Contract Agency advising the said labor union or workers' representatives workers representative of the Recipient's contractor’s commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.
v. (4) The Recipient will contractor agrees to comply with all the provisions of Executive Order 11246 of September 24Chapter 11, 1965, and Title 4 of the rulesDistrict of Columbia Municipal Regulations (4 DCMR §§ 1100, regulationset seq.) and with all guidelines for equal employment opportunity applicable in the District of Columbia adopted by the Director, and relevant orders of the Secretary of Laboror any authorized official.
vi. (5) The Recipient will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will contractor agrees to permit access to his all books, records, and accounts accounts, pertaining to its employment practices, by the administering agency Director and the Secretary of Labor Contracting Agency for purposes of investigation to ascertain compliance with such rulesChapter 11, regulationsTitle 4 of the District of Columbia Municipal Regulations, and ordersto require under terms of any subcontractor agreement each subcontractor to permit access of the subcontractors, books, records, and accounts for such purposes.
vii(6) The prime contractor shall include in every subcontract the equal opportunity clauses, 4 DCMR §§ 1103.2-1103.10, so that these provisions shall be binding upon each subcontractor or vendor. In the event of the Recipient's contractor’s noncompliance with the nondiscrimination Equal Opportunity clauses of this Agreement contract or with any of the said rules, regulations, or ordersrights of the Local Rent Supplement Program (“LRSP”), this Agreement the contract may be canceled, terminated, or suspended in whole or in part and the Recipient contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965contracts, and such other sanctions as may be imposed imported and remedies invoked as provided in Executive Order 11246 of September 24, 1965invoked, or by rule, regulation, or order and rights of the Secretary of Labor, LRSP or as otherwise provided by District law.
viii(7) The prime contractor shall take action with respect to any subcontract as the Contracting Officer may direct as a means of enforcing these provisions, including sanctions for non-compliance; provided, that in the event the prime contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the contracting agency, the prime contractor may request the District to enter into such litigation to protect the interest of the District. The Recipient contractor will include the portion of the sentence immediately preceding paragraph Paragraph (1) and the provisions provision of paragraphs Paragraphs (1) through (8) 7) in every subcontract or purchase order unless exempted by the rules, regulations, or orders and rights of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965LRSP, so that such provisions will be binding upon each subcontractor or vendor. The Recipient contractor will take such action with respect to any subcontractor subcontract or purchase order as the administering agency District of Columbia Government may direct as a means of enforcing such provisions, provisions including sanctions for noncompliance; provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the District of Columbia Government, the contractor may request the District to enter into such litigation to protect the interest of the District.”
2. The Owner agrees to be bound by the above Equal Opportunity clause with respect to his or her own employment practices when participating in locally assisted construction work.
Appears in 1 contract
Samples: Long Term Subsidy Contract
EQUAL OPPORTUNITY CLAUSE. The following provision applies if the agreement meets the definition of “federally assisted construction contract” as defined by 41 CFR Part 60-1.3: During the performance of this Agreement, the Recipient Contractor agrees as follows:
i. (1) The Recipient Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The Recipient Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following:
a. : Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Recipient Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause.
ii. (2) The Recipient Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Recipientcontractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.
iii. (3) The Recipient Contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the Recipientcontractor's legal duty to furnish information.
iv. (4) The Recipient Contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other Agreement contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Recipientcontractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.
v. (5) The Recipient Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.
vi. (6) The Recipient Contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.
vii. (7) In the event of the RecipientContractor's noncompliance with the nondiscrimination clauses of this Agreement contract or with any of the said rules, regulations, or orders, this Agreement contract may be canceled, terminated, or suspended in whole or in part and the Recipient contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.
viii. (8) The Recipient Contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Recipient Contractor will take such action with respect to any subcontractor subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: The applicant further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work: Provided, That if the applicant so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the contract. The applicant agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance. The applicant further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive Order. In addition, the applicant agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions: Cancel, terminate, or suspend in whole or in part this grant (contract, loan, insurance, guarantee); refrain from extending any further assistance to the applicant under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such applicant; and refer the case to the Department of Justice for appropriate legal proceedings.
Appears in 1 contract
Samples: Standard Form of Agreement Between Owner and Design Builder
EQUAL OPPORTUNITY CLAUSE. The following provision applies if the agreement meets the definition of “federally assisted construction contract” as defined by 41 CFR Part 60-1.3: During the performance of this AgreementContract, the Recipient Contractor agrees as follows:
i. The Recipient a. Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The Recipient Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following:
a. b. Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Recipient Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause.
ii. The Recipient c. Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Recipientcontractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.
iii. The Recipient d. Contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's ’s essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the Recipient's contractor’s legal duty to furnish information.
iv. The Recipient e. Contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other Agreement contract or understanding, a notice to be provided advising the said labor union or workers' ’ representatives of the Recipient's contractor’s commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.
v. The Recipient f. Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.
vi. The Recipient g. Contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.
vii. h. In the event of the Recipient's Contractor’s noncompliance with the nondiscrimination clauses of this Agreement Contract or with any of the said rules, regulations, or orders, this Agreement Contract may be canceled, terminated, or suspended in whole or in part and the Recipient Contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.
viii. The Recipient i. Contractor will include the portion of the sentence immediately preceding paragraph (1A) and the provisions of paragraphs (1A) through (8) H) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendorContractor. The Recipient Contractor will take such action with respect to any subcontractor subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: provided, however, that in the event Contractor becomes involved in, or is threatened with, litigation with a subcontractor or Contractor as a result of such direction by the administering agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States.
j. XXXX further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work: Provided, that if BEMC so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the contract.
k. XXXX agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency’s primary responsibility for securing compliance.
l. BEMC further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive Order. In addition, XXXX agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions: Cancel, terminate, or suspend in whole or in part this grant (contract, loan, insurance, guarantee); refrain from extending any further assistance to BEMC under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such applicant; and refer the case to the Department of Justice for appropriate legal proceedings.
Appears in 1 contract
EQUAL OPPORTUNITY CLAUSE. The following provision applies if the agreement meets the definition of “federally assisted Provider hereby agrees that it will incorporate or cause to be incorporated into any contract for construction contract” work, or modification thereof, as defined by in the regulations of the Secretary of Labor at 41 CFR Part C.F.R. Chapter 60-1.3, which is paid for in whole or in part with funds obtained from the Federal Government or borrowed on the credit of the Federal Government pursuant to a grant, contract, loan, insurance, or guarantee, or undertaken pursuant to any Federal program involving such grant, contract, loan, insurance, or guarantee, the following equal opportunity clause: “During the performance of this Agreementcontract, the Recipient contractor agrees as follows:
i. (1) The Recipient contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The Recipient contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following:
a. : Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Recipient contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause.
ii. (2) The Recipient contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Recipientcontractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.
iii. (3) The Recipient contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the Recipientcontractor's legal duty to furnish information.
iv. (4) The Recipient contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other Agreement contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Recipientcontractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.
v. (5) The Recipient contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.
vi. (6) The Recipient contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.
vii. (7) In the event of the Recipientcontractor's noncompliance with the nondiscrimination clauses of this Agreement contract or with any of the said rules, regulations, or orders, this Agreement contract may be canceled, terminated, or suspended in whole or in part and the Recipient contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.
viii. (8) The Recipient contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Recipient contractor will take such action with respect to any subcontractor subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: direction by the administering agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States.”
Appears in 1 contract
Samples: Glo Contract No. 20 065 092 C257
EQUAL OPPORTUNITY CLAUSE. The following provision applies if the agreement meets the definition of “federally assisted construction contract” as defined by 41 CFR Part 60-1.3: During the performance of this AgreementContract, the Recipient agrees as follows:
i. The Recipient will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The Recipient will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following:
a. Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Recipient agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause.
ii. The Recipient will, in all solicitations or advertisements for employees placed by or on behalf of the Recipient, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.
iii. The Recipient will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the Recipient's legal duty to furnish information.
iv. The Recipient will send to each labor union or representative of workers with which he has a collective bargaining agreement or other Agreement Contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Recipient's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.
v. The Recipient will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.
vi. The Recipient will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.
vii. In the event of the Recipient's noncompliance with the nondiscrimination clauses of this Agreement Contract or with any of the said rules, regulations, or orders, this Agreement Contract may be canceled, terminated, or suspended in whole or in part and the Recipient may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.
viii. The Recipient will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Recipient will take such action with respect to any subcontractor purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance.
Appears in 1 contract
Samples: Standard Contract
EQUAL OPPORTUNITY CLAUSE. The following provision applies if the agreement meets the definition of “federally assisted construction contract” as defined by 41 CFR Part 60-1.3: 15.1.1 During the performance of this Agreementcontract, the Recipient Contractor agrees as follows:
i. a. The Recipient Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The Recipient Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment employment, without regard to their race, color, religion, sex, sexual orientation, gender identityidentify, or national origin. Such action shall include, but not be limited to to, the following:
a. Employment: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff layoff, or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Recipient Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause.in
ii. b. The Recipient Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the RecipientContractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.
iii. c. The Recipient Contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the Recipientcontractor's legal duty to furnish information.
iv. d. The Recipient Contractor will send to each labor union or representative of workers with which he it has a collective bargaining agreement or other Agreement contract or understanding, a notice to be provided by the agency contracting officer, advising the said labor union or workers' representatives ’ representative of the Recipient's Contractor’s commitments under this sectionsection 202 of Executive Order 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.
v. e. The Recipient Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.
vi. f. The Recipient Contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.
vii. g. In the event of the Recipient's Contractor’s noncompliance with the nondiscrimination clauses of this Agreement contract or with any of the said such rules, regulations, or orders, this Agreement contract may be canceled, terminated, or suspended in whole or in part and the Recipient Contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.
viii. h. The Recipient Contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Recipient Contractor will take such action with respect to any subcontractor subcontract or purchase order as may be directed by the administering agency may direct Secretary of Labor as a means of enforcing such provisions, including sanctions for noncompliance.:
Appears in 1 contract
Samples: Construction Agreement
EQUAL OPPORTUNITY CLAUSE. The following provision applies if the agreement meets the definition of “federally assisted construction contract” as defined by 41 CFR Part 60-1.3: During the performance of this Agreement, the Recipient LIT agrees as follows:
i. The Recipient LIT will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The Recipient LIT will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following:
a. : Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Recipient LIT agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause.
ii. The Recipient LIT will, in all solicitations or advertisements for employees placed by or on behalf of the RecipientLIT, state that all qualified applicants will receive consideration considerations for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.
iii. The Recipient LIT will not discharge discourage or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's ’s essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the Recipient's LIT’s legal duty to furnish information.
iv. The Recipient LIT will send to each labor union or representative of workers with which he has a collective bargaining agreement or other Agreement contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Recipient's LIT’s commitments under this section, section and shall post copies of the notice in conspicuous places available to employees and applicants for employment.
v. The Recipient LIT will comply with all provisions of Executive Order 11246 of September 24, 1965, “Equal Employment Opportunity,” and of the rules, regulations, and relevant orders of the Secretary of Labor.
vi. The Recipient LIT will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.
vii. In the event of the Recipient's LIT’s noncompliance with the nondiscrimination clauses of this Agreement contract or with any of the said rules, regulations, or orders, this Agreement contract may be canceled, terminated, or suspended in whole or in part and the Recipient LIT may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.
viii. The Recipient LIT will include the portion of the sentence immediately preceding paragraph (1i) and the provisions of paragraphs (1i) through (8) vii) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Recipient LIT will take such action with respect to any subcontractor subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, that in the event a firm becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, LIT may request the United States to enter into such litigation to protect the interests of the United States.
Appears in 1 contract
Samples: Fiber Network Coordination Agreement
EQUAL OPPORTUNITY CLAUSE. The following provision applies if the agreement meets the definition of “federally assisted Subrecipient hereby agrees that it will incorporate or cause to be incorporated into any contract for construction contract” work, or modification thereof, as defined by in the regulations of the Secretary of Labor at 41 CFR Part C.F.R. Chapter 60-1.3, which is paid for in whole or in part with funds obtained from the Federal Government or borrowed on the credit of the Federal Government pursuant to a grant, contract, loan, insurance, or guarantee, or undertaken pursuant to any Federal program involving such grant, contract, loan, insurance, or guarantee, the following equal opportunity clause: “During the performance of this Agreementcontract, the Recipient contractor agrees as follows:
i. (1) The Recipient contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The Recipient contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following:
a. : Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Recipient contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause.
ii. (2) The Recipient contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Recipientcontractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.
iii. (3) The Recipient contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the Recipientcontractor's legal duty to furnish information.
iv. (4) The Recipient contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other Agreement contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Recipientcontractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.
v. (5) The Recipient contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.
vi. (6) The Recipient contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.
vii. (7) In the event of the Recipientcontractor's noncompliance with the nondiscrimination clauses of this Agreement contract or with any of the said rules, regulations, or orders, this Agreement contract may be canceled, terminated, or suspended in whole or in part and the Recipient contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.
viii. (8) The Recipient contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Recipient contractor will take such action with respect to any subcontractor subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance.:
Appears in 1 contract
Samples: Subrecipient Agreement
EQUAL OPPORTUNITY CLAUSE. The following provision applies if the agreement meets the definition of “federally assisted construction contract” as defined by 41 CFR Part 60-1.3: During the performance of this Agreement, the Recipient Provider agrees as follows:
i. (1) The Recipient Provider will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The Recipient Provider will take affirmative action to ensure that applicants are employed, and that employees are treated during employment employment, without regard to their race, color, religion, sex, sexual orientation, gender identityidentify, or national origin. Such action shall include, but not be limited to to, the following:
a. Employment: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff layoff, or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Recipient Provider agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause.
ii. (2) The Recipient Provider will, in all solicitations or advertisements for employees placed by or on behalf of the RecipientContractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.
iii. (3) The Recipient Provider will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the Recipientcontractor's legal duty to furnish information.
iv. (4) The Recipient Provider will send to each labor union or representative of workers with which he it has a collective bargaining agreement or other Agreement contract or understanding, a notice to be provided by the agency contracting officer, advising the said labor union or workers' representatives ’ representative of the Recipient's Provider’s commitments under this sectionsection 202 of Executive Order 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.
v. (5) The Recipient Provider will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.
vi. (6) The Recipient Provider will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.
vii. (7) In the event of the Recipient's Provider’s noncompliance with the nondiscrimination clauses of this Agreement contract or with any of the said such rules, regulations, or orders, this Agreement contract may be canceled, terminated, or suspended in whole or in part and the Recipient Provider may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.
viii. (8) The Recipient Provider will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Recipient Provider will take such action with respect to any subcontractor subcontract or purchase order as may be directed by the administering agency may direct Secretary of Labor as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, that in the event the contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction, the Provider may request the United States to enter into such litigation to protect the interests of the United States.
Appears in 1 contract
Samples: Master Service Provider Agreement
EQUAL OPPORTUNITY CLAUSE. The following provision applies if [as required by 2 CFR § 200, Appendix II(C)]. Developer agrees that the agreement meets Equal Opportunity Clause provided below is incorporated into this Agreement, and further agrees to cause the definition of “federally assisted clause to be incorporated into any subcontract for construction contract” work, or modification thereof, as defined by in the regulations of the Secretary of Labor at 41 CFR Part Chapter 60-1.3, which is paid for in whole or in part with funds obtained from the Federal Government or borrowed on the credit of the Federal Government pursuant to a grant, contract, loan, insurance, or guarantee, or undertaken pursuant to any Federal program involving such grant, contract, loan, insurance, or guarantee: During the performance of this Agreementcontract, the Recipient contractor agrees as follows:
i. (1) The Recipient contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The Recipient contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following:
a. (2) Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Recipient contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause.
ii. (3) The Recipient contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Recipientcontractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.
iii. (4) The Recipient contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the Recipientcontractor's legal duty to furnish information.
iv. (5) The Recipient contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other Agreement contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Recipientcontractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.
v. (6) The Recipient contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.
vi. (7) The Recipient contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.
vii. (8) In the event of the Recipientcontractor's noncompliance with the nondiscrimination clauses of this Agreement contract or with any of the said rules, regulations, or orders, this Agreement contract may be canceled, terminated, or suspended in whole or in part and the Recipient contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.
viii. The Recipient contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Recipient contractor will take such action with respect to any subcontractor subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States. The applicant further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work: Provided, That if the applicant so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the contract. The applicant agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance. The applicant further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive Order. In addition, the applicant agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions: Cancel, terminate, or suspend in whole or in part this grant (contract, loan, insurance, guarantee); refrain from extending any further assistance to the applicant under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such applicant; and refer the case to the Department of Justice for appropriate legal proceedings.
Appears in 1 contract
Samples: Contract Amendment
EQUAL OPPORTUNITY CLAUSE. The following provision applies if the agreement meets the definition of “federally assisted construction conrsut ction contract” as defined by 41 CFR Part 60-1.3: During the performance of this AgreementthisAgreement, the Recipient agrees as follows:
i. The Recipient will not discriminate against any employee anyemployee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The Recipient will take affirmative action to ensure that applicants thatapplicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following:
a. Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay ofpay or other forms of compensation; and selection for training, including apprenticeship. The Recipient TheRecipient agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth forht the provisions of this nondiscrimination clause.
ii. The Recipient will, in all solicitations or advertisements for employees placed by or on behalf of the Recipient, state that all qualified applicants qualifiedapplicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.
iii. The Recipient will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee suchemployee or applicant has inquired about, discussed, or disclosed the compensation thecompensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which whihc an employee who has access to the compensation information of thecompensation informationof other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint formlacomplaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the RecipienttheRecipient's legal duty to furnish information.
iv. The Recipient will send to each labor union or representative of workers with which he has a collective bargaining agreement or other Agreement otherAgreement or understanding, a notice to be provided advising the said labor union or workers' representatives of the RecipienttheRecipient's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.
v. The Recipient will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.
vi. The Recipient will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary theSecretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering theadministering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.
vii. In the event of the Recipient's noncompliance with the nondiscrimination clauses of this Agreement or with any of the said rules, regulations, or orders, this Agreement thisAgreement may be canceled, terminated, or suspended in whole or in part and the Recipient theRecipient may be declared ineligible for further Government contracts or contractsor federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary theSecretary of Labor, or as otherwise provided by law.
viii. The Recipient will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract everysubcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary theSecretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor eachsubcontractor or vendor. The Recipient will take such action with respect to any subcontractor purchase order as the administering agency may theadministering agencymay direct as a means of enforcing such provisions, including sanctions for noncompliance.
Appears in 1 contract
Samples: Standard Grant Agreement
EQUAL OPPORTUNITY CLAUSE. The following provision applies if A. If, during any twelve (12) month period (including the agreement meets twelve (12) months preceding the definition award of “federally assisted construction contract” as defined by 41 CFR Part 60-1.3: this Lease), Lessee has been or is awarded nonexempt Federal contracts and/or subcontracts that have an aggregate value in excess of $10,000, Lessee shall comply with subparagraphs B (1) through (8) below. Upon request, Lessee shall provide information necessary to determine the applicability of this clause.
B. During the performance of this AgreementLease, the Recipient Xxxxxx agrees as follows:
i. The Recipient will 1. Lessee shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin.
2. The Recipient will Lessee shall take affirmative action to ensure that applicants are employed, employed and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action This shall include, include but not be limited to the following:
a. Employment, to: (a) employment; (b) upgrading, ; (c) demotion, or ; (d) transfer; (e) recruitment or recruitment advertising; (f) layoff or termination; (g) rates of pay or other forms of compensation; and (h) selection for training, including apprenticeship.
3. The Recipient agrees to Lessee shall post in conspicuous places, places available to employees and applicants for employment, employment the notices to be provided setting forth by the provisions of Secretary that explain this nondiscrimination clause.
ii4. The Recipient willLessee shall, in all solicitations or advertisements advertisement for employees placed by or on behalf of the RecipientXxxxxx, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, sex or national origin.
iii5. The Recipient will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired aboutLessee shall send, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the Recipient's legal duty to furnish information.
iv. The Recipient will send to each labor union or representative of workers with which he it has a collective bargaining agreement or other Agreement or contract understanding, a notice to be provided by the Secretary advising the said labor union or workers' representatives ’ representative of the Recipient's Xxxxxx’s commitments under this section, clause and shall post copies of the notice in conspicuous places available to employees and applicants for employment.
v. The Recipient will 6. Lessee shall comply with all provisions of Executive Order 11246 of September 2411246, 1965as amended, and of the rules, regulations, and relevant orders of the Secretary of Labor.
vi. The Recipient will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor.
7. Lessee shall furnish to the Department all information required by Executive Order 11246, as amended, and by the rules, regulations, and orders of the Secretary of Labor. Standard Form 100 (EEO- 1), or pursuant theretoany successor form, and will is the prescribed form to be filed within thirty (30) days following the award, unless filed within twelve (12) months preceding the date of award.
8. Lessee shall permit access to his its books, records, records and accounts by the administering contracting agency and or the Secretary Office of Labor Federal Contract Compliance Programs (OFCCP) for purposes the purpose of investigation to ascertain Lessee’s compliance with such the applicable rules, regulations, and orders.
vii. In C. If the event OFCCP determines that Lessee is not in compliance with this clause or any rule, regulation or order of the Recipient's noncompliance with the nondiscrimination clauses Secretary of this Agreement or with any of the said rules, regulations, or ordersLabor, this Agreement Lease may be canceled, terminated, or suspended in whole or in part part, and the Recipient Lessee may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with Department contracts, under the procedures authorized in Executive Order 11246 of September 2411246, 1965as amended, the rules regulations and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order orders of the Secretary of Labor, or as otherwise provided by law.
viii. The Recipient will X. Xxxxxx shall include the portion terms and conditions of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) Section 28.B.1-8 in every subcontract or purchase order unless that is not exempted by the rules, regulations, regulations or orders of the Secretary of Labor issued pursuant to section 204 of under Executive Order 11246 of September 2411246, 1965as amended, so that such provisions these terms and conditions will be binding upon each subcontractor or vendor. The Recipient will .
X. Xxxxxx shall take such action actions with respect to any subcontractor subcontract or purchase order as the administering agency Department may direct as a means of enforcing such provisionsthese terms and conditions, including sanctions for noncompliance; provided, that if Lessee becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of any direction, Lessee may request the Department to enter into the litigation to protect the interests of the United States.
F. Notwithstanding any other clause in this Lease, disputes relative to this clause will be governed by the procedures in 41 CFR 60-1.
Appears in 1 contract
Samples: Lease Agreement
EQUAL OPPORTUNITY CLAUSE. The following provision applies if the agreement meets the definition of “federally assisted construction contract” Borrower hereby agrees that it will incorporate or cause to be incorporated into any contract for construc-tion work, or modification thereof, as defined by 41 CFR Part 60-1.3in Executive Order 11246 or in the rules and regulations of the Secretary of Labor, which is paid for in whole or in part with funds obtained from the Federal Government or borrowed on the credit of the Federal Government pursuant to a grant, contract, loan, insurance or guarantee, or undertaken pursuant to any Federal program involving such grant, contract, loan, insurance or guarantee, the following equal opportunity clause: During the performance of this Agreementcontract, the Recipient contractor agrees as follows:
i. (1) The Recipient contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, sex or national origin. The Recipient con-tractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, sex or national origin. Such action shall include, but not be limited to the following:
a. Employment: employment, upgrading, demotion, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Recipient con-tractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause.
ii. (2) The Recipient contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Recipientcontractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, sex or national origin.
iii. (3) The Recipient will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the Recipient's legal duty to furnish information.
iv. The Recipient contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other Agreement contract or understanding, a notice to be provided advising the said labor union or workers' representatives representative of the Recipientcontractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.
v. (4) The Recipient contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, regulations and relevant orders of the Secretary of Labor.
vi. (5) The Recipient contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations, regulations and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, records and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, regulations and orders.
vii. (6) In the event of the Recipientcontractor's noncompliance with the nondiscrimination nondiscrimi-nation clauses of this Agreement contract or with any of the said rules, regulations, regulations or orders, this Agreement contract may be canceledcancelled, terminated, terminated or suspended in whole or in part and the Recipient contractor may be declared ineligible for further Government contracts con-tracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in the said Executive Order 11246 of September 24, 1965, or by rule, regulation, regulation or order of the Secretary of Labor, or as otherwise provided by law.
viii. (7) The Recipient contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) 7) in every subcontract or purchase order unless exempted by rules, regulations, regulations or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Recipient contractor will take such action with respect to any subcontractor subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, That in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States. The Borrower further agrees that it will be bound by the above equal opportunity clause in any federally assisted construction work which it performs itself other than through the permanent work force directly employed by an agency of government. The Borrower agrees that it will cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance. The Borrower further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to Part II, Subpart D of Executive Order 11246 and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of Executive Order 11246. In addition, the Borrower agrees that if it fails or refuses to comply with these undertakings the administering agency may cancel, terminate or suspend in whole or in part this contract, may refrain from extending any further assistance under any of its programs subject to Executive Order 11246 until satisfactory assurance of future compliance has been received from such Borrower, or may refer the case to the Department of Justice for appropriate legal proceedings.
Appears in 1 contract
EQUAL OPPORTUNITY CLAUSE. The following provision applies if the agreement meets the definition of “federally assisted construction contract” as defined by 41 CFR Part 60-1.3: During the performance of this AgreementCONTRACT, the Recipient CONSULTANT agrees as follows:
i. : The Recipient CONSULTANT, with regard to the work performed by it after award and prior to completion of the CONTRACT, will not discriminate against any employee or applicant for employment because on the ground of race, color, religion, sex, sexual orientation, gender identity, national origin or national origindisability in the selection and retention of subcontractors. The Recipient CONSULTANT will comply with Title VI of the Civil Rights Act of 1964, as amended. In all solicitations either by competitive bidding or negotiations made by the CONSULTANT for work to be performed under a subcontract, including procurement of materials or equipment, each potential subcontractor or supplier shall be notified of the CONSULTANT'S obligations under this CONTRACT and the regulations relative to nondiscrimination on the ground of color, race, religion, sex, national origin or disability. The CONSULTANT will take affirmative action to ensure that applicants are employed, employed and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, national origin or national origindisability. Such action shall include, but not be limited to the following:
a. Employment: employment, upgrading, demotion, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Recipient CONSULTANT agrees to post notices in conspicuous places, places available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause.
ii. The Recipient CONSULTANT will, in all solicitations solicitation, or advertisements for employees placed by or on behalf of the Recipient, CONSULTANT; state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, national origin or national origin.
iiidisability. The Recipient will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the Recipient's legal duty to furnish information.
iv. The Recipient will send to each labor union or representative of workers with which he has a collective bargaining agreement or other Agreement or understanding, a notice to be provided advising the said labor union or workers' representatives of the Recipient's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.
v. The Recipient CONSULTANT will comply with all provisions of Executive Order 11246 State and Federal laws and regulations governing the regulations of September 24, 1965, Equal Employment Opportunity and of the rules, regulations, and relevant orders of the Secretary of LaborNon- Discrimination.
vi. The Recipient will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.
vii. In the event of the Recipient's noncompliance with the nondiscrimination clauses of this Agreement or with any of the said rules, regulations, or orders, this Agreement may be canceled, terminated, or suspended in whole or in part and the Recipient may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.
viii. The Recipient will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Recipient will take such action with respect to any subcontractor purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance.
Appears in 1 contract
Samples: Professional Services