Labor," 41 C.F.R. chapter 60, and Executive Order No. 11246, "Equal
Employment Opportunity in Federal Employment," September 24, 965, 42
U.S.C. § 2000e note, as amended by any later Executive Order that amends
or supersedes it, referenced in 42 U.S.C. § 2000e note. The Contractor
agrees to take affirmative action to ensure that applicants are employed,
and that employees are treated during employment, without regard to their
race, color, religion, national origin, or sex (including sexual orientation and
gender identity). Such action shall include, but not be limited to, the
following: employment, promotion, demotion or transfer, recruitment or
recruitment advertising, layoff or termination; rates of pay or other forms of
compensation; and selection for training, including apprenticeship. In addition,
the Contractor agrees to comply with any implementing requirements FTA
may issue.
Age. Inaccordance with the Age Discrimination in Employment Act, 29
U.S.C. §§ 621- 634, U.S. Equal Employment Opportunity Commission
(U.S. EEOC) regulations, "Age Discrimination in Employment Act," 29
C.F.R. part 625, the Age Discrimination Act of 975, as amended, 42
U.S.C.§6101et seg., U.S. Healthand HumanServices regulations,
"Nondiscrimination on the Basis of Age in Programs or Activities
Receiving Federal FinancialAssistance," 45 C.F.R. part 90, and Federal
transit law at 49 U.S.C. § 5332, the Contractor agrees to refrain from
discrimination against present and prospective employees for reason of
age. In addition, the Contractor agrees to comply with any implementing
requirements FTA may issue.
Disabilities. In accordance with section 504 of the Rehabilitation Act of 273,
as amended, 29 U.S.C. § 794, the Americans with Disabilities Act of 990, as
amended, 42 U.S.C. § 2101 et seq., the Architectural Barriers Act of 968,
as amended, 42 U.S.C. §4151 et seq., and Federal transit law at 49 U.S.C.
§ 5332, the Contractor agrees that it will not discriminate against individuals
on the basis of disability. In addition, the Contractor agrees to comply with
any implementing requirements FTA may issue.
7. Disadvantaged Business Enterprise
i. The Contractor, subrecipient or subcontractor shall not discriminate on the
basis of race, color, national origin, or sex in the performance of this
Agreement. The Contractor shall carry out applicable requirements of 49
C.F.R. Part 26 in the award and administration of DOT-assisted contracts.
Each subcontract the Contractor signs with a subcontractor must include the
assurance in this paragraph (see 49 CFR 26.13(b)). Failure by the Contractor
to carry out these requirements is a material breach of this Agreement, which
may result inthe termination of this Agreement or such other remedy as the
City deems appropriate, which may include, but is not limited to:
a. Withholding monthly progress payments;
b. Assessing sanctions;
Cc. Liquidated damages; and/or
d. Disqualifying the contractor from future bidding as non-responsible.
49 C.F.R. § 26.13(b).
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