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Federal Transit Administration Clauses
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<br />45. FEDERALLY ASSISTED CONSTRUCTION CONTRACTS
<br />Pursuant to 41 CFR § 60-1.4(b)(1): The Recipient hereby agrees that it will incorporate or cause to be
<br />incorporated into any contract for construction work, or modification thereof, as defined in the
<br />regulations of the Secretary of Labor at 41 CFR Chapter 60, which is paid for in whole or in part with
<br />funds obtained from the Federal Government or borrowed on the credit of the Federal Government
<br />pursuant to a grant, contract, loan, insurance, or guarantee, or undertaken pursuant to any Federal
<br />program involving such grant, contract, loan, insurance, or guarantee, the following equal opportunity
<br />clause:
<br />The applicant hereby agrees that it will incorporate or cause to be incorporated into any contract for
<br />construction work, or modification thereof, as defined in the regulations of the Secretary of Labor at 41
<br />CFR Chapter 60, which is paid for in whole or in part with funds obtained from the Federal Government
<br />or borrowed on the credit of the Federal Government pursuant to a grant, contract, loan, insurance, or
<br />guarantee, or undertaken pursuant to any Federal program involving such grant, contract, loan,
<br />insurance, or guarantee, the following equal opportunity clause:
<br />During the performance of this contract, the contractor agrees as follows:
<br />(1) The contractor will not discriminate against any employee or applicant for employment because of
<br />race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor will take
<br />affirmative action to ensure that applicants are employed, and that employees are treated during
<br />employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or
<br />national origin. Such action shall include, but not be limited to the following:
<br />Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or
<br />termination; rates of pay or other forms of compensation; and selection for training, including
<br />apprenticeship. The contractor agrees to post in conspicuous places, available to employees and
<br />applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination
<br />clause.
<br />(2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the
<br />contractor, state that all qualified applicants will receive consideration for employment without regard
<br />to race, color, religion, sex, sexual orientation, gender identity, or national origin.
<br />(3) The contractor will not discharge or in any other manner discriminate against any employee or
<br />applicant for employment because such employee or applicant has inquired about, discussed, or
<br />disclosed the compensation of the employee or applicant or another employee or applicant. This
<br />provision shall not apply to instances in which an employee who has access to the compensation
<br />information of other employees or applicants as a part of such employee's essential job functions
<br />discloses the compensation of such other employees or applicants to individuals who do not otherwise
<br />have access to such information, unless such disclosure is in response to a formal complaint or charge, in
<br />furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by
<br />the employer, or is consistent with the contractor's legal duty to furnish information.
<br />(4) The contractor will send to each labor union or representative of workers with which he has a
<br />collective bargaining agreement or other contract or understanding, a notice to be provided advising the
<br />said labor union or workers' representatives of the contractor's commitments under this section, and
<br />shall post copies of the notice in conspicuous places available to employees and applicants for
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