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Federal Transit Administration Clauses
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<br />1.Nondiscrimination. In accordance with Federal transit law at 49 U.S.C § 5332, the Contractor agrees
<br />that it will not discriminate against any employee or applicant for employment because of race, color,
<br />religion, national origin, sex (including sexual orientation and gender identity), disability, or age. In
<br />addition, the Contractor agrees to comply with applicable Federal implementing regulations and other
<br />implementing requirements FTA may issue.
<br />2.Race, Color, Religion, National Origin, Sex, including gender identity. The Contractor will prohibit
<br />discrimination based on race, color, or national origin in accordance with Title VII of the Civil Rights Act
<br />of 1964, as amended, 42 U.S.C. § 2000d et seq., U.S. DOT regulations, “Nondiscrimination in Federally-
<br />Assisted Programs of the Department of Transportation – Effectuation of Title VI of the Civil Rights Act of
<br />1964,” 49 CFR Part 21; and Federal transit laws at 49 U.S.C. § 5332, the Contractor agrees to comply
<br />with all applicable equal employment opportunity requirements of U.S. Department of Labor (U.S. DOL)
<br />regulations, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity,
<br />Department of Labor," 41 C.F.R. chapter 60, and Executive Order No. 11246, "Equal Employment
<br />Opportunity in 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. § 2000d. The Contractor
<br />agrees to take affirmative action to ensure that applicants are employed, and that employees are
<br />treated during employment, without regard to their race, color, religion, national origin, or sex
<br />(including sexual orientation and gender identity). Such action shall include, but not be limited to, the
<br />following: employment, promotion, demotion or transfer, recruitment or recruitment advertising, layoff
<br />or termination; rates of pay or other forms of compensation; and selection for training, including
<br />apprenticeship. In addition, the Contractor agrees to comply with any implementing requirements FTA
<br />may issue.
<br />3.Age. In accordance with the Age Discrimination in Employment Act, 29 U.S.C. §§ 621- 634, U.S. Equal
<br />Employment Opportunity Commission (U.S. EEOC) regulations, “Age Discrimination in Employment Act,”
<br />29 C.F.R. part 1625, the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6101 et seq., U.S.
<br />Health and Human Services regulations, “Nondiscrimination on the Basis of Age in Programs or Activities
<br />Receiving Federal 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 for reason
<br />of age. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue.
<br />4.Disabilities. In accordance with section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. §
<br />794, the Americans with Disabilities Act of 1990, as amended, 42 U.S.C. § 12101 et seq., the
<br />Architectural Barriers Act of 1968, as amended, 42 U.S.C. §4151 et seq., and Federal transit law at 49
<br />U.S.C. § 5332, the Contractor agrees that it will not discriminate against individuals on the basis of
<br />disability. In addition, the Contractor agrees to comply with any implementing requirements FTA may
<br />issue.
<br />5.Affirmative Action. If required to do so by U.S. DOT regulations (49 CFR Part 21) or U.S. Department of
<br />Labor regulations (41 C.F.R. chapter 60), take affirmative action that includes, but is not limited to: (A)
<br />Recruitment advertising, recruitment, and employment; 53 (B) Rates of pay and other forms of
<br />compensation; (C) Selection for training, including apprenticeship, and upgrading; and (D) Transfers,
<br />demotions, layoffs, and terminations.
<br />6.Equal Employment Opportunity Requirements for Construction Activities. Comply, when undertaking
<br />“construction” as recognized by the U.S. Department of Labor (U.S. DOL), with: (i) U.S. DOL regulations,
<br />“Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of
<br />Labor,” 41 C.F.R. chapter 60; and (ii) Executive Order No. 11246, “Equal Employment Opportunity in
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