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5332,the Contractor agrees to comply with all applicable equal employment opportunity
<br /> requirements of U.S. Department of Labor(U.S. DOL)regulations, "Office of Federal
<br /> Contract Compliance Programs, Equal Employment Opportunity, Department of Labor," 41
<br /> C.F.R. chapter 60, and Executive Order No. 11246, "Equal Employment Opportunity in
<br /> Federal Employment," September 24, 1965, 42 U.S.C. § 2000e note, as amended by any
<br /> later Executive Order that amends or supersedes it, referenced in 42 U.S.C. § 2000e note.
<br /> The Contractor agrees to take affirmative action to ensure that applicants are employed,
<br /> and that employees are treated during employment, without regard to their race, color,
<br /> religion, national origin, or sex (including sexual orientation and gender identity). Such
<br /> action shall include, but not be limited to,the following: employment, promotion,
<br /> demotion or transfer, recruitment or recruitment advertising, layoff or termination; rates of
<br /> pay or other forms of compensation; and selection for training, including apprenticeship. In
<br /> addition,the Contractor agrees to comply with any implementing requirements FTA may
<br /> issue.
<br /> 3) Age. In accordance with the Age Discrimination in Employment Act, 29 U.S.C. §§ 621-
<br /> 634,U.S. Equal Employment Opportunity Commission (U.S. EEOC)regulations, "Age
<br /> Discrimination in Employment Act," 29 C.F.R. part 1625, the Age Discrimination Act of
<br /> 1975,as amended,42 U.S.C. § 6101 et seq., U.S. Health and Human Services regulations,
<br /> "Nondiscrimination on the Basis of Age in Programs or Activities Receiving Federal
<br /> Financial Assistance," 45 C.F.R. part 90, and Federal transit law at 49 U.S.C. § 5332, the
<br /> Contractor agrees to refrain from discrimination against present and prospective employees
<br /> for reason of age. In addition, the Contractor agrees to comply with any implementing
<br /> requirements FTA may issue.
<br /> 4) Disabilities. In accordance with section 504 of the Rehabilitation Act of 1973, as amended,
<br /> 29 U.S.C. § 794, the Americans with Disabilities Act of 1990, as amended, 42 U.S.C. §
<br /> 12101 et seq., the Architectural Barriers Act of 1968, as amended, 42 U.S.C. §4151 et
<br /> seq., and Federal transit law at 49 U.S.C. § 5332, the Contractor agrees that it will not
<br /> discriminate against individuals on the basis of disability. In addition,the Contractor agrees to
<br /> comply with any implementing requirements FTA may issue.
<br /> 7. Disadvantaged Business Enterprises(DBEs)
<br /> For all DOT-assisted contracts,each FTA recipient must include assurances that third party
<br /> contractors will comply with the DBE program requirements of 49 C.F.R.part 26,when applicable.
<br /> The following contract clause is required in all DOT-assisted prime and subcontracts:
<br /> The contractor, subrecipient or subcontractor shall not discriminate on the basis of race, color,
<br /> national origin, or sex in the performance of this contract. The contractor shall carry out applicable
<br /> requirements of 49 C.F.R. part 26 in the award and administration of DOT-assisted contracts.
<br /> Failure by the contractor to carry out these requirements is a material breach of this contract, which
<br /> may result in the termination of this contract or such other remedy as the recipient deems
<br /> appropriate, which may include,but is not limited to:
<br /> (1) Withholding monthly progress payments;
<br /> (2) Assessing sanctions;
<br /> (3) Liquidated damages;and/or
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