§ 16-A — Equal employment opportunity program

§ 16-a. Equal employment opportunity program. 1. All contracts for\ndesign, construction, services and materials pursuant to this act of\nwhatever nature and all documents soliciting bids or proposals therefor\nshall contain or make reference to the following provisions:\n a. The contractor will not discriminate against employees or\napplicants for employment because of race, creed, color, national\norigin, sex, age, disability, or marital status, and will undertake or\ncontinue existing programs of affirmative action to ensure that minority\ngroup persons and women are afforded equal opportunity without\ndiscrimination. Such programs shall include, but not be limited to,\nrecruitment, employment, job assignment, promotion, upgrading, demotion,\ntransfer, layoff, termination, rates of pay or other forms of\ncompensation, and selections for training or retraining, including\napprenticeship and on-the-job training.\n b. At the request of the agency, the contractor shall request each\nemployment agency, labor union, or authorized representative of workers\nwith which it has a collective bargaining or other agreement or\nunderstanding and which is involved in the performance of the contract\nwith the agency to furnish a written statement that such employment\nagency, labor union or representative shall not discriminate because of\nrace, creed, color, national origin, sex, age, disability or marital\nstatus and that such union or representative will cooperate in the\nimplementation of the contractor's obligations hereunder.\n c. The contractor will state, in all solicitations or advertisements\nfor employees placed by or on behalf of the contractor in the\nperformance of the contract with the agency, that all qualified\napplicants will be afforded equal employment opportunity without\ndiscrimination because of race, creed, color, national origin, sex, age,\ndisability or marital status.\n d. The contractor will include the provisions of paragraphs a through\nc of this subdivision in every subcontract or purchase order in such a\nmanner that such provisions will be binding upon each subcontractor or\nvendor as to its work in connection with the contract with the agency.\n 2. The agency shall establish procedures and guidelines to ensure that\ncontractors and subcontractors undertake programs of affirmative action\nand equal employment opportunity as required by this section. Such\nprocedures may require after notice in a bid solicitation, the\nsubmission of an affirmative action program prior to the award of any\ncontract, or at any time thereafter, and may require the submission of\ncompliance reports relating to the operation and implementation of any\naffirmative action program adopted hereunder. The agency may take\nappropriate action including contractual sanctions for non-compliance to\neffectuate the provisions of this section and shall be responsible for\nmonitoring compliance with this act.\n