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<br /> within a reasonable time. If the investigation indicates that the sufficient referrals(even though it is obligated to provide
<br /> discrimination may affect persons other than the complainant, exclusive referrals under the terms of a collective bargaining
<br /> such corrective action shall include such other persons. Upon agreement)does not relieve the contractor from the
<br /> I completion of each investigation,the contractor will inform every requirements of this paragraph. In the event the union referral
<br /> complainant of all of their avenues of appeal. practice prevents the contractor from meeting the obligations
<br /> pursuant to Executive Order 11246, as amended,and these
<br /> 6.Training and Promotion: special provisions,such contractor shall immediately notify the
<br /> contracting agency.
<br /> a. The contractor will assist in locating,qualifying,and 8. Reasonable Accommodation for Applicants/
<br /> increasing the skills of minorities and women who are Employees with Disabilities:The contractor must be familiar
<br /> applicants for employment or current employees.Such efforts with the requirements for and comply with the Americans with
<br /> should be aimed at developing full journey level status Disabilities Act and all rules and regulations established
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<br /> employees in the type of trade or job classification involved. thereunder. Employers must provide reasonable
<br /> b. Consistent with the contractor's work force requirements accommodation in all employment activities unless to do so
<br /> and as permissible under Federal and State regulations,the would cause an undue hardship.
<br /> contractor shall make full use of training programs(i.e., 9. Selection of Subcontractors, Procurement of Materials
<br /> apprenticeship and on-t nc erormng programs for the and Leasing of Equipment:The contractor shall not
<br /> geographical area of contract performance). In the event a
<br /> special provision for training is provided under this contract, discriminate on the grounds of race,color,religion,sex,sexual
<br /> this subparagraph will be superseded as indicated in the orientation,gender identity,national origin,age,or disability in
<br /> I special provision.The contracting agency may reserve the selection and retention of subcontractors,including
<br /> training positions for persons who receive welfare assistance procurement of materials and leases of equipment.The
<br /> in accordance with 23 U.S.C.140(a). contractor shall take all necessary and reasonable steps to
<br /> ensure nondiscrimination in the administration of this contract.
<br /> I c. The contractor will advise employees and applicants for a. The contractor shall notify all potential subcontractors,
<br /> employment of available training programs and entrance
<br /> requirements for each. suppliers,and lessors of their EEO obligations under this
<br /> contract.
<br /> d. The contractor will periodically review the trainingand b. The use efforts to ensure
<br /> promotion potential of employees who are minorities and subcontractor contractorcomp willnce with goodth faithr EEO obligations.
<br /> women and will encourage eligible employees to apply for
<br /> such training and promotion.
<br /> 1 7.Unions: If the contractor relies in whole or in part upon 10. Assurances Required:
<br /> unions as a source of employees,the contractor will use good a. The requirements of 49 CFR Part 26 and the State
<br /> faith efforts to obtain the cooperation of such unions to DOT's FHWA-approved Disadvantaged Business Enterprise
<br /> increase opportunities for minorities and women.23 CFR (DBE)program are incorporated by reference.
<br /> 230.409.Actions by the contractor,either directly or through a
<br /> contractor's association acting as agent,will include the
<br /> procedures set forth below: b. The contractor,subrecipient or subcontractor shall not
<br /> discriminate on the basis of race,color,national origin,or sex
<br /> a. The contractor will use good faith efforts to develop,in in the performance of this contract.The contractor shall carry
<br /> I cooperation with the unions,joint training programs aimed out applicable requirements of 49 CFR part 26 in the award
<br /> toward qualifying more minorities and women for membership and administration of DOT-assisted contracts.Failure by the
<br /> in the unions and increasing the skills of minorities and women contractor to carry out these requirements is a material breach
<br /> so that they may qualify for higher paying employment. of this contract,which may result in the termination of this
<br /> contract or such other remedy as the recipient deems
<br /> III b. The contractor will use good faith efforts to incorporate an appropriate,which may include,but is not limited to:
<br /> EEO clause into each union agreement to the end that such (1)Withholding monthly progress payments;
<br /> union will be contractually bound to refer applicants without (2)Assessing sanctions;
<br /> regard to their race,color, religion,sex,sexual orientation, (3)Liquidated damages;and/or
<br /> I gender identity,national origin,age,or disability. (4)Disqualifying the contractor from future bidding as non-
<br /> responsible.
<br /> c. The contractor is to obtain information as to the referral c. The Title VI and nondiscrimination provisions of U.S.
<br /> practices and policies of the labor union except that to the DOT Order 1050.2A at Appendixes A and E are incorporated
<br /> i extent such information is within the exclusive possession of by reference.49 CFR Part 21.
<br /> the labor union and such labor union refuses to furnish such 11. Records and Reports:The contractor shall keep such
<br /> information to the contractor,the contractor shall so certify to records as necessary to document compliance with the EEO
<br /> the contracting agency and shall set forth what efforts have requirements.Such records shall be retained for a period of
<br /> been made to obtain such information.
<br /> three years following the date of the final payment to the
<br /> d. In the event the union is unable to provide the contractor contractor for all contract work and shall be available at
<br /> with a reasonable flow of referrals within the time limit set forth reasonable times and places for inspection by authorized
<br /> in the collective bargaining agreement,the contractor will, representatives of the contracting agency and the FHWA.
<br /> through independent recruitment efforts,fill the employment a. The records kept by the contractor shall documentthe
<br /> vacancies without regard to race,color,religion,sex,sexual
<br /> orientation,gender identity,national origin,age,or disability; following:
<br /> making full efforts to obtain qualified and/or qualifiable
<br /> minorities and women.The failure of a union to provide
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