4-Nondiscrimination-Sexual Harassment Clause.pdf

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Attached to
2026 Street Rehab Project
Solicitation number
Not on record
Issued by
Cumberland County, Pennsylvania

About this file

This is a Nondiscrimination/Sexual Harassment Clause document applicable to the Wormleysburg Borough June 2026 Rupley Park Improvements Project, establishing compliance requirements for grantees and contractors engaged in project work. The clause mandates that all grantees maintain compliance with federal, state, and local nondiscrimination and sexual harassment laws throughout the agreement term, prohibiting discrimination in hiring, employment, service provision, and subcontractor selection based on race, gender, creed, color, sexual orientation, gender identity or expression, or violations of the Pennsylvania Human Relations Act. Grantees must establish and maintain written nondiscrimination and sexual harassment policies that explicitly state sexual harassment will not be tolerated and that violators will be disciplined. These policies must be posted conspicuously in work areas or provided electronically to employees annually. Grantees are required to notify the Commonwealth immediately of any actions or occurrences that would constitute violations of these provisions and must include identical nondiscrimination and sexual harassment provisions in all subgrant agreements, contracts, and subcontracts with subgrantees, contractors, and subcontractors.

The Commonwealth reserves the right to cancel or terminate the agreement and forfeit all money due under it for violations of these nondiscrimination and sexual harassment provisions, and may initiate debarment or suspension proceedings and place violating grantees in the Contractor Responsibility File. Grantees must furnish employment documents, EEO-1 reports, and provide access to books, records, and accounts upon request by the Commonwealth to verify compliance. The clause also protects employees' rights to participate in labor activities under the Public Employee Relations Act, Pennsylvania Labor Relations Act, and National Labor Relations Act, prohibiting discrimination based on such participation or refusal to participate.

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Text version

Wormleysburg Borough June 2026 Rupley Park Improvements Project

NONDISCRIMINATION-SEXUAL HARASSMENT PROVISIONS 004533-1

RETTEW Project No.: 0176401738

NONDISCRIMINATION/SEXUAL HARASSMENT CLAUSE

1. Representations. The Grantee represents that it is presently in compliance with and will remain in compliance with all applicable federal, state, and local laws, regulations, and policies relating to nondiscrimination and sexual harassment for the term of the agreement.

The Grantee shall, upon request and within the time periods requested by the Commonwealth, furnish all necessary employment documents and records, including EEO-1 reports, and permit access to its books, records, and accounts by the Commonwealth for the purpose of ascertaining compliance with provisions of this Nondiscrimination/Sexual Harassment Clause.

2. Nondiscrimination/Sexual Harassment Obligations. The Grantee shall not:

a. in any manner discriminate in the hiring of any employee(s) for the performance of the activities required under this agreement or any subgrant agreement, contract, or subcontract, 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.

b. 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 of its employees.

c. 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 this agreement or any subgrant agreement, contract, or subcontract.

d. in any manner 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 subgrantee, contractor, subcontractor, or supplier who is qualified to perform the work to which this agreement relates.

e. in any manner discriminate against employees by reason of participation in or decision to refrain from participating in labor activities protected under the Public Employee Relations Act, Pennsylvania Labor Relations Act, or National Labor Relations Act, as applicable, and to the extent determined by entities charged with the Acts’ enforcement and shall comply with any provision of law establishing organizations as employees’ exclusive representatives.

3. Establishment of Grantee Policy. The Grantee shall establish and maintain a written nondiscrimination and sexual harassment policy that complies with the applicable law and these Nondiscrimination/Sexual Harassment provisions and shall inform its employees in writing of the policy. The policy must contain a provision that states that sexual harassment will not be tolerated and employees who practice it will be disciplined. For the entire period of this agreement, the Grantee shall: (1) post its written nondiscrimination and sexual harassment policy or these Nondiscrimination/Sexual Harassment provisions conspicuously in easily accessible and well-lighted places customarily frequented by employees at or near

Wormleysburg Borough June 2026 Rupley Park Improvements Project

NONDISCRIMINATION-SEXUAL HARASSMENT PROVISIONS 004533-2

RETTEW Project No.: 0176401738 where the grant activities are performed; or (2) provide electronic notice of the policy or this clause to its employees not less than annually.

4. Notification of Violations. The Grantee’s obligations pursuant to these provisions are ongoing from the effective date and through the termination date of the agreement.

Accordingly, the Grantee shall notify the Commonwealth if, at any time during the term of this agreement, it becomes aware of any actions or occurrences that would result in violation of these provisions.

5. Cancellation or Termination of Agreement. The Commonwealth may cancel or terminate this agreement and all money due or to become due under this agreement may be forfeited for a violation of the terms and conditions of these Nondiscrimination/Sexual Harassment provisions. In addition, the granting agency may proceed with debarment or suspension and may place the Grantee in the Contractor Responsibility File.

6. Subgrant Agreements, Contracts, and Subcontracts. The Grantee shall include these

Nondiscrimination/Sexual Harassment provisions in its subgrant agreements, contracts, and subcontracts with all subgrantees, contractors, and subcontractors providing goods or services under this agreement. The incorporation of these provisions in the Grantor’s subgrants, contracts, or subcontracts does not create privity of contract between the Commonwealth and any subgrantee, contractor, or subcontractor, and no third-party beneficiaries are created by those provisions. If the Grantee becomes aware of a subgrantee’s, contractor’s, or subcontractor’s violation of these provisions, the Grantee shall use its best efforts to ensure the subgrantee’s, contractor’s, or subcontractor’s compliance with these provisions.

Contractor Acknowledgement Date

DCNR-2024-Gen Gen-GPM-1

Rev. 1/2024

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