52-0111 - Equal employment opportunity program.

§ 52-0111. Equal employment opportunity program.    1.  All  contracts  for  design,  construction, services and materials  pursuant to this article of whatever nature and all documents soliciting  bids or proposals therefor  shall  contain  or  make  reference  to  the  following provisions:    a.   The   contractor  will  not  discriminate  against  employees  or  applicants for  employment  because  of  race,  creed,  color,  national  origin,  sex,  age, disability, or marital status, and will undertake or  continue existing programs of affirmative action to ensure that minority  group  persons  and  women  are  afforded  equal   opportunity   without  discrimination.  Such  programs  shall  include,  but not be limited to,  recruitment, employment, job assignment, promotion, upgrading, demotion,  transfer,  layoff,  termination,  rates  of  pay  or  other   forms   of  compensation,  and  selections  for  training  or  retraining, including  apprenticeship and on-the-job training.    b. At the request of the department  or  the  office,  the  contractor  shall  request  each  employment  agency,  labor  union,  or  authorized  representative of workers with which it has a collective  bargaining  or  other   agreement   or  understanding  and  which  is  involved  in  the  performance of the  contract  with  the  agency  to  furnish  a  written  statement  that  such  employment  agency, labor union or representative  shall not discriminate because of race, creed, color,  national  origin,  sex,   age,  disability  or  marital  status  and  that  such  union  or  representative will cooperate in the implementation of the  contractor's  obligations hereunder.    c.  The  contractor will state, in all solicitations or advertisements  for  employees  placed  by  or  on  behalf  of  the  contractor  in  the  performance  of  the  contract  with  the  agency,  that  all  qualified  applicants  will  be  afforded  equal  employment  opportunity   without  discrimination because of race, creed, color, national origin, sex, age,  disability or marital status.    d.  The contractor will include the provisions of paragraphs a through  c of this subdivision in every subcontract or purchase order in  such  a  manner  that  such provisions will be binding upon each subcontractor or  vendor as to its work in connection with the contract with the agency.    2. The department  and  the  office  shall  establish  procedures  and  guidelines  to  ensure  that  contractors  and  subcontractors undertake  programs of affirmative  action  and  equal  employment  opportunity  as  required  by this section. Such procedures may require after notice in a  bid solicitation, the submission of an affirmative action program  prior  to the award of any contract, or at any time thereafter, and may require  the  submission  of  compliance  reports  relating  to the operation and  implementation of any affirmative action program adopted hereunder.  The  department  or  the  office  may  take  appropriate   action   including  contractual sanctions for non-compliance to effectuate the provisions of  this  section  and  shall  be responsible for monitoring compliance with  this article.