19-Non-Discrimination, Sexual Harassment.pdf
PDF 286 KB Posted
- Attached to
- 2026 Traffic Signal Upgrades
- Solicitation number
- US.258736
- Issued by
- Chester County, Pennsylvania
About this file
This is a Non-Discrimination/Sexual Harassment Clause document from West Whiteland Township, Chester County, Pennsylvania, establishing mandatory compliance requirements for contractors and subcontractors on the 2026 Traffic Signal Upgrades project along Pottstown Pike (S.R. 0100) and Commerce Drive. The clause applies to all aspects of contract performance, including hiring, employment, service provision, and subcontractor/supplier selection, with an effective date running from contract execution through termination.
The document requires contractors and subcontractors to maintain written nondiscrimination and sexual harassment policies, prohibit discrimination based on race, gender, creed, color, sexual orientation, gender identity or expression, or violations of the Pennsylvania Human Relations Act and applicable federal laws. Contractors must provide annual EE0-1 reports to the U.S. Equal Employment Opportunity Commission as required by law, permit Township access to employment records and documentation for compliance verification, include these provisions in all subcontracts, and notify the Township of any actions or occurrences that would violate these provisions during the contract term. The Township reserves the right to cancel or terminate the contract and forfeit all monies due for violations of this clause. Contractor acknowledgement of these requirements with signature and date is required.
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Text version
101 Commerce Drive Tel: (610) 363–9525 Exton, Pennsylvania 19341 www.westwhiteland.org
NON DISCRIMINATION/SEXUAL HARASSMENT CLAUSE (Contracts)
Revised 10-6-2020
The Contractor agrees:
1. In the hiring of any employee(s) for the manufacture of supplies, performance of work, or any other activity required under the contract or any subcontract, the Contractor, each subcontractor, or any person acting on behalf of the Contractor or subcontractor shall not discriminate by reason of race, gender, creed, color, sexual orientation, gender identity or expression, or in violation of the Pennsylvania Human Relations Act (PHRA) and applicable federal laws, against any citizen of this Commonwealth who is qualified and available to perform the work to which the employment relates.
2. Neither the Contractor nor any subcontractor nor any person on their behalf shall in any manner discriminate by reason of race, gender, creed, color, sexual orientation, gender identity or expression, or in violation of the PHRA and applicable federal laws, against or intimidate any employee involved in the manufacture of supplies, the performance of work, or any other activity required under the contract.
3. Neither the Contractor nor any subcontractor nor any person on their behalf shall in any manner discriminate by reason of race, gender, creed, color, sexual orientation, gender identity or expression, or in violation of the PHRA and applicable federal laws, in the provision of services under the contract.
4. The Contractor and each subcontractor shall establish and maintain a written nondiscrimination and sexual harassment policy and shall inform their employees in writing of the policy. The policy must contain a provision that sexual harassment will not be tolerated and employees who practice it will be disciplined. Posting this Nondiscrimination/Sexual Harassment Clause conspicuously in easily-accessible and well-lighted places customarily frequented by employees and at or near where the contracted services are performed shall satisfy this requirement for employees with an established worksite.
5. The Contractor and each subcontractor shall not discriminate by reason of race, gender, creed, color, sexual orientation, gender identity or expression, or in violation of PHRA and applicable federal laws, against any subcontractor or supplier who is qualified to perform the work to which the contract relates.
6. The Contractor and each subcontractor represents that it is presently in compliance with and will maintain compliance with all applicable federal, state, and local laws, regulations and policies relating to nondiscrimination and sexual harassment. The Contractor and each subcontractor further represents that it has filed a Standard Form 100 Employer Information Report ("EE0-1") with the U.S. Equal Employment Opportunity Commission ("EEOC") and shall file an annual EE0-1 report with the EEOC as required for employers' subject to Title VII of the Civil Rights Act of 1964, as amended, that have 100 or more employees and employers that have federal government contracts or first-tier subcontracts and have 50 or more employees. The Contractor and each subcontractor shall, upon request and within the time periods requested by the Township, furnish all necessary employment documents and records, including EE0-1 reports, and permit access to their books, records, and accounts by the Township for purpose of ascertaining compliance with provisions of this Nondiscrimination/Sexual Harassment Clause.
7. The Contractor shall include the provisions of this Nondiscrimination/Sexual Harassment Clause in every subcontract so that those provisions applicable to subcontractors will be binding upon each subcontractor.
8. The Contractor's and each subcontractor's obligations pursuant to these provisions are ongoing from and after the effective date of the contract through the termination date thereof. Accordingly, the Contractor and each subcontractor shall have an obligation to inform the Township if, at any time during the term of the contract, it becomes aware of any actions or occurrences that would result in violation of these provisions.
9. The Township may cancel or terminate the contract and all money due or to become due under the contract may be forfeited for a violation of the terms and conditions of this Nondiscrimination/Sexual Harassment Clause
Acknowledgement _____________________________
Date ____________
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