Rights Act of 1964,” 28 C.F.R. § 50.3, and (c) Other applicable Federal guidance that may
be issued,
2. Equal Employment Opportunity. (1) Federal Requirements and Guidance. The
Recipient agrees to, and assures that each Third Party Participant will, prohibit
discrimination on the basis of race, color, religion, sex, or national origin, and: (a) Comply
with Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e et seq., (b)
Facilitate compliance with Executive Order No. 11246, “Equal Employment Opportunity,”
as amended by Executive Order No. 11375, “Amending Executive Order No. 11246,
Relating to Equal Employment Opportunity,” 42 U.S.C. § 2000e note, (c) Comply with
Federal transit law, specifically 49 U.S.C. § 5332, as stated in section a, and (d) Comply
with other applicable EEO laws and regulations, as provided in Federal guidance, including
laws and regulations prohibiting discrimination on the basis of disability, except as the
Federal Government determines otherwise in writing, (2) General. The Recipient agrees to:
(a) Ensure that applicants for employment are employed and employees are treated during
employment without discrimination on the basis of their: 1 Race, 2 Color, 3 Religion, 4
Sex, 5 Disability, 6 Age, or 7 National origin, (b) Take affirmative action that includes, but
is not limited to: 1 Recruitment advertising, 2 Recruitment, 3 Employment, 4 Rates of pay,
5 Other forms of compensation, 6 Selection for training, including apprenticeship, 7
Upgrading, 8 Transfers, 9 Demotions, 10 Layoffs, and 11 Terminations, and (3) Equal
Employment Opportunity Requirements for Construction Activities. In addition to the
foregoing, when undertaking “construction” as recognized by the U.S. Department of
Labor (U.S. DOL), the Recipient agrees to comply, and assures the compliance of each
Third Party Participant, with: (a) U.S. DOL regulations, “Office of Federal Contract
Compliance Programs, Equal Employment Opportunity, Department of Labor,” 41 C.F.R.
chapter 60, and (b) Executive Order No. 11246, “Equal Employment Opportunity,” as
amended by Executive Order No. 11375, “Amending Executive Order No. 11246, Relating
to Equal Employment Opportunity,” 42 U.S.C. § 2000e note,
3, Disadvantaged Business Enterprise To the extent authorized by applicable Federal
law, the Recipient agrees to facilitate, and assures that each Third Party Participant will
facilitate, participation by small business concerns owned and controlled by socially and
economically disadvantaged individuals, also referred to as “Disadvantaged Business
Enterprises” (DBEs), in the Project as follows: (1) Requirements. The Recipient agrees to
comply with: (a) Section 1101(b) of MAP-21, 23 U.S.C. § 101 note, (b) U.S. DOT
regulations, “Participation by Disadvantaged Business Enterprises in Department of
Transportation Financial Assistance Programs,” 49 C.F.R. part 26, and (c) Federal transit
law, specifically 49 U.S.C. § 5332, as stated in section a, (2) Assurance. As required by 49
C.F.R. § 26.13(a), the Recipient provides assurance that: The Recipient shall not
discriminate on the basis of race, color, national origin, or sex in the award and
performance of any DOT- assisted contract or in the administration of its DBE program or
the requirements of 49 C.F.R. part 26. The Recipient shall take all necessary and
reasonable steps under 49 C.F.R. part 26 to ensure nondiscrimination in the award and
administration of DOT-assisted contracts. The Recipient's DBE program, as required by 49
C.F.R. part 26 and as approved by DOT, is incorporated by reference in this agreement.
Implementation of this program is a legal obligation and failure to carry out its terms shall
be treated as a violation of this agreement. Upon notification to the Recipient of its failure
to carry out its approved program, the Department may impose sanctions as provided for
