9-Non-Discrimination.pdf
PDF 226 KB Posted
- Attached to
- 2026 Road Paving Program
- Solicitation number
- Not on record
- Issued by
- Chester County, Pennsylvania
About this file
This is a Non-Discrimination and Sexual Harassment Clause document issued by West Whiteland Township, Pennsylvania, establishing mandatory compliance requirements for all contractors and subcontractors engaged in township contract work. The clause applies to the 2026 Road Paving Program and any other township procurement activities. Contractors must comply with all requirements from the contract's effective date through its termination date.
The clause mandates that contractors and subcontractors shall not discriminate in hiring, employment, service provision, or supplier selection based on race, gender, creed, color, sexual orientation, gender identity or expression, or in violation of the Pennsylvania Human Relations Act and applicable federal laws. Contractors must establish and maintain written nondiscrimination and sexual harassment policies, inform employees of these policies in writing, and post the clause conspicuously at worksites. Contractors with 100 or more employees, or those with 50 or more employees holding federal contracts or first-tier subcontracts, must file and maintain Standard Form 100 Employer Information Reports (EEO-1) with the U.S. Equal Employment Opportunity Commission. All nondiscrimination provisions must be included in subcontracts. Contractors must notify West Whiteland Township immediately of any actions or occurrences that would violate these provisions during the contract term. The Township reserves the right to cancel or terminate contracts and forfeit all money due for violations of this clause. Contractors must provide employment documents, records, EEO-1 reports, and permit access to books, records, and accounts upon the Township's request.
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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
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