Attachment_E_-_Non-Discrimination_Certification.pdf

CITY OF TUSTIN

The undersigned consultant or corporate officer, during the performance of this contract, certifies as follows:

1. The Consultant shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Consultant shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without, regard to their race, color, religion, sex, or national origin. Such 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 selection for training, including apprenticeship. The Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause.

2. The Consultant shall, in all solicitations or advertisements for employees placed by or on behalf of the

Consultant, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin.

3. The Consultant shall send to each labor union or representative of workers with which he/she has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers’ representatives of the Consultant’s commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.

4. To the extent required by Executive Order 14173 (“Ending Illegal Discrimination and Restoring Merit-Based Opportunity,” effective January 21, 2025) or any applicable federal contract terms, the Consultant further certifies that it does not operate any programs promoting diversity, equity, and inclusion (DEI) that violate any applicable Federal anti-discrimination laws. The Consultant acknowledges that a false certification may give rise to liability under the False Claims Act (31 U.S.C.

§ 3729 et seq.).

5. The Consultant certifies that it complies in all respects with all applicable Federal anti-discrimination laws, including but not limited to Title VII of the Civil Rights Act of 1964 (42 U.S.C. § 2000e et seq.), the Age Discrimination in Employment Act of 1967 (29 U.S.C. § 621 et seq.), the Americans with Disabilities Act of 1990 (42 U.S.C. § 12101 et seq.), and Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq.), as applicable to this contract. The Consultant further certifies compliance with Section 503 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 793; 41 C.F.R. Part 60-741), and the Vietnam Era Veterans’ Readjustment Assistance Act of 1974, as amended (38 U.S.C. § 4212;

41 C.F.R. Part 60-300) (“VEVRAA”), which impose both non-discrimination requirements and affirmative action obligations with respect to qualified individuals with disabilities and protected veterans, respectively, to the extent the Consultant is subject to those requirements based on contract value and workforce size.

6. The Consultant shall comply with the California Fair Employment and Housing Act (FEHA), (California Government Code §§ 12900–12999), which prohibits discrimination and harassment in employment on the basis of any protected characteristic defined in Government Code sections 12926

ATTACHMENT D

NON-DISCRIMINATION CERTIFICATION

CITY OF TUSTIN

and 12926.1, including race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age (40 and over), sexual orientation, military and veteran status, and any other characteristic protected by California law. FEHA applies to public and private employers with five or more employees (and to all employers for harassment claims) and is enforced by the California Civil Rights Department. FEHA applies independently of federal requirements and is unaffected by any changes to federal executive orders. This obligation also encompasses California Labor Code § 1735, which expressly incorporates FEHA’s protected categories by reference and applies those non-discrimination obligations specifically to contractors on public works; violations of § 1735 are subject to the public works penalty and debarment provisions of Labor Code Chapter 1 (Part 7, Division 2), which are in addition to and independent of any civil remedies available under FEHA.

7. The Consultant shall include the provisions of the above paragraphs to the extent applicable based on funding source and contract value or other applicable requirements, in every subcontract or purchase order for work performed under this contract, so that such provisions shall be binding upon each subcontractor or vendor. The Consultant is responsible for ensuring compliance by subconsultants and suppliers.

Signed:

Title:

Firm:

Date:

THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL.

PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE.

Gary W. Crockett At the state level, we note that the references to Labor Code § 1735 included in the initial draft of this form included outdated statutory language. As section 1735 now references FEHA rather than including its own list of protected categories, we have drafted a single paragraph containing both the FEHA categories and the reference to Labor Code § 1735 public works enforcement and penalties.