00825 Non-discrimination form.pdf

Brockway Area Sewage Authority Clarifier Bearings, Shaft and Skirt Replacement Project

2026 - R1

CEI File No.00224034.000A, 01-0000 00825 - 1 NON-DISCRIMINATION FORM

SECTION 00825

NON-DISCRIMINATION/SEXUAL HARASSMENT CLAUSE

CONTRACTOR HEREBY CERTIFIES BY THEIR SIGNATURE BELOW THAT THEY HAVE READ AND UNDERSTAND THE PROVISIONS OF PARAGRAPH 102.A CONTAINED IN SPECIFCATION SECTION 00810 and43 P.S.

Section 951 - Pennsylvania Human Relations Act: The CONTRACTOR agrees that he will comply with the provisions of the Pennsylvania Human Relations Act in providing equal employment opportunities in connection with all the Work performed by him or her at the Job Site pursuant to this Contract. The CONTRACTOR, therefore, agrees as follows:

Nondiscrimination/Sexual Harassment Clause:

1. The CONTRACTOR shall not discriminate against any employee, applicant for employment, independent CONTRACTOR, SUBCONTRACTOR, supplier or any other person because of race, color, religious creed, ancestry, national origin, age, or gender when qualified and available to perform the work which the employment relates.

The CONTRACTOR shall take affirmative action to ensure that applicants are employed and that employees or agents are treated during employment, without regard to their race, color, religious creed, ancestry, national origin, age or sex. Such affirmative action shall include, but not be limited to, the following: Employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation and in the selection for training.

The CONTRACTOR and all SUBCONTRACTORS or persons on their behalf shall not, in any manner, discriminate against or intimidate any employee involved in the manufacture of supplies, the performance of work, or any other activity required under the contract on account of gender, race, creed, or color.

The CONTRACTOR and all SUBCONTRACTORS shall not discriminate by reason of gender, race, creed, or color against and contractor or subcontractor or supplier who is qualified to perform the work to which the contract states.

2. The CONTRACTOR shall, in advertisements or requests for employment placed by it or in its behalf, state that all qualified applicants will receive consideration for employment without regard to race, color, religious creed, ancestry, national origin, age, or gender.

3. The CONTRACTOR shall send each labor union or worker's representative with which he has a collective bargaining agreement or other Contract or understanding, a notice advising said labor union or worker's representative of his or her commitment to this Nondiscrimination Clause. Similar notice shall be sent to every other source of recruitment regularly utilized by the CONTRACTOR.

4. It shall be no contest to a finding of noncompliance with the Contract Compliance

Regulations issued by the Pennsylvania Human Relations Act or this Nondiscrimination Clause that the CONTRACTOR has delegated some of his or her employment practices to any union, training program or other source of recruitment which prevents him or her from meeting his or her obligations. However, if the evidence indicates that the CONTRACTOR was not on notice of the third-party discrimination or made a good faith effort to correct it, such factor shall be considered in mitigation in determining appropriate sanctions.

CEI File No.00224034.000A, 01-0000 00825 - 2 NON-DISCRIMINATION FORM

5. Where the practices of the union or any training program or other source of recruitment will result in the exclusion of minority group persons, so that the CONTRACTOR will not be able to meet his or her obligations under the Contract Compliance Regulations issued by the Pennsylvania Human Relations Commission or this Nondiscrimination Clause; the CONTRACTOR shall then employ and fill vacancies through other nondiscriminatory employment procedures.

6. The CONTRACTOR shall comply with the Contract Compliance Regulations of the

Pennsylvania Human Relations Commission, 16 PA Code Chapter 49 and with all laws prohibiting discrimination in hiring or employment opportunities. In the event of the CONTRACTOR's noncompliance with the Nondiscrimination Clause of this Contract or with any such laws, this Contract may, after hearing and adjudication, be terminated or suspended, in whole or part, and the CONTRACTOR may be declared temporarily ineligible for further Commonwealth Contracts, and such other sanctions may be imposed and remedies invoked as provided by the Contract Compliance Regulations.

7. The CONTRACTOR shall furnish all necessary employment documents and records to, and shall permit access to his or her books, records and accounts by the Contracting Agency, the Human Relations Commission, and the Bureau of Contract Administration and Business Development for purposes of investigation to ascertain compliance with the provisions of the Contract Compliance Regulations, pursuant to section 49.35 of these Regulations. If the CONTRACTOR or SUBCONTRACTOR does not possess documents or reports reflecting the necessary information requested, he or she shall furnish such information on reporting forms supplied by the Contracting Agency, the Commission, or the Bureau.

8. The CONTRACTOR shall actively recruit minority Subcontractors or Subcontractors with substantial minority representation among their employees.

9. The CONTRACTOR shall include the provisions of this Non-discrimination/Sexual Harassment

Clause in every Subcontract, so that such provisions will be binding upon each Subcontractor.

10. The terms used in this Non-discrimination Clause shall have the same meaning as in the

Contract Compliance Regulations issued by the Pennsylvania Human Relations Commission, 16 PA Code Chapter 49.

11. The CONTRACTOR obligations under this Clause are limited to the CONTRACTOR’s facilities located with Pennsylvania, or where the Contract is for the purchase of goods manufactured outside of Pennsylvania, the facilities at which such good are actually produced.

12. The CONTRACTOR shall establish and maintain a written sexual harassment policy and shall inform their employees of the policy. The policy must contain a notice that sexual harassment will not be tolerated and employees who practice it will be disciplined.

CEI File No.00224034.000A, 01-0000 00825 - 3 NON-DISCRIMINATION FORM

CONTRACTOR:

(Signed)

(Title)

Subscribe and sworn to before me this day of , 2 .

Notary Public

END OF SECTION

CEI File No.00224034.000A, 01-0000 00825 - 4 NON-DISCRIMINATION FORM

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