6-00 45 40 Nondiscrimination and Sexual Harassment Clause.pdf
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- Solicitation number
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- Northampton County, Pennsylvania
About this file
This is a Nondiscrimination and Sexual Harassment Clause document applicable to the River Road Water Main Replacement Project (Contract 2026-01) administered by the Lower Mahanoy Township Municipal Authority in Northumberland County, Pennsylvania, with engineering and bidding management by Herbert, Rowland & Grubic, Inc. The clause establishes comprehensive nondiscrimination requirements for all grantees, subgrantees, contractors, and subcontractors involved in the project. All parties must comply with hiring and employment practices that prohibit discrimination based on race, gender, creed, color, sexual orientation, gender identity or expression, and violations of the Pennsylvania Human Relations Act and applicable federal laws. The clause requires establishment and maintenance of written nondiscrimination and sexual harassment policies, with conspicuous posting in employee work areas, and mandates that sexual harassment will not be tolerated and practitioners will be disciplined. These provisions apply to all aspects of the project including employee hiring, service provision, and supplier selection.
Compliance obligations are ongoing from the effective date through contract termination, with parties required to report any violations to the Commonwealth. Employers subject to Title VII of the Civil Rights Act with 100 or more employees, or those with federal contracts or first-tier subcontracts with 50 or more employees, must file Standard Form EEO-1 reports with the U.S. Equal Employment Opportunity Commission annually. The Commonwealth reserves the right to cancel or terminate the grant agreement and forfeit all money due for clause violations, and may proceed with debarment, suspension, or placement in the Contractor Responsibility File. All subcontractors and subgrantees must be bound by these same provisions through their respective agreements.
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Text version
00 45 40 – NONDISCRIMINATION/SEXUAL HARASSMENT CLAUSE
Herbert, Rowland & Grubic, Inc. 00 45 40 - 1 003207.0440
SECTION 00 45 40 – NONDISCRIMINATION/SEXUAL HARASSMENT CLAUSE
The Grantee agrees:
1. In the hiring of any employee(s) for the manufacture of supplies, performance of work, or any other activity required under the grant agreement or any subgrant agreement, contract, or subcontract, the Grantee, a subgrantee, a contractor, a subcontractor, or any person acting on behalf of the Grantee 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. The Grantee, any subgrantee, contractor or any subcontractor or any person on their behalf shall not 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.
3. Neither the Grantee nor any subgrantee nor any 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 grant agreement, subgrant agreement, contract or subcontract.
4. Neither the Grantee nor any subgrantee nor any contractor nor any subcontra.cr nor any person on their behalf shall 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 such Acts' enforcement, and shall comply with any provision of law establishing organizations as employees' exclusive representatives.
5. The Grantee, any subgrantee, contractor or any 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 well lighted places customarily frequented by employees and at or near where the grant services are performed shall satisfy this requirement for employees with an established work site.
6. The Grantee, any subgrantee, contractor or any subcontractor shall not 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 any subgrantee, contractor, subcontractor or supplier who is qualified to perform the work to which the grant relates.
7. The Grantee and each subgrantee, contractor and subcontractor represents that is presently in compliance with and wilt maintain compliance with all applicable federal, state, and local laws and regulations relating to nondiscrimination and sexual harassment. The Grantee and each subgrantee, contractor and subcontractor further represents that it has filed a Standard Form 100
00 45 40 – NONDISCRIMINATION/SEXUAL HARASSMENT CLAUSE
Herbert, Rowland & Grubic, Inc. 00 45 40 - 2 003207.0440
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 Grantee, any subgrantee, any contractor or any subcontractor shalt, 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 their books, records, and accounts by the granting age cy and the Bureau of D ivers ity , Inclusion and Small Business Opportunities for the purpose of ascertaining compliance with the provisions of this Nondiscrimination/Sexual Harassment Clause.
8. The Grantee, any subgrantee, contractor or any subcontractor shall include the provisions of this Nondiscrimination/Sexual Harassment Clause in every subgrant agreement, contract or subcontract so that those provisions applicable to subgrantees, contractors or subcontractors will be binding upon each subgrantee, contractor or subcontractor.
9. The Grantee's and each subgrantee's, contractor's and subcontractor's obligations pursuant to these provisions are ongoing from and after the effective date of the grant agreement through the termination date thereof. Accordingly, the Grantee and each subgrantee, contractor and subcontractor shall have an obligation to inform the Commonwealth if, at any time during the term of the grant agreement, it becomes aware of any actions or occurrences that would result in violation of these provisions.
10. The Commonwealth may cancel or terminate the grant agreement and all money due or to become due under the grant agreement may be forfeited for a violation of the terms and conditions of this Nondiscrimination/Sexual Harassment Clause. In addition, the granting agency may proceed with debarment or suspension and may place the Grantee, subgrantee, contractor, or subcontractor in the Contractor Responsibility File.
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