STD_18_Nondiscrimination.pdf

STATE OF CALIFORNIA

STANDARD CALIFORNIA NONDISCRIMINATION

CONSTRUCTION CONTRACT SPECIFICATIONS

(GOVERNMENT CODE, SECTION 12990)

STD. 18 (REV. 1/95)

These specifications are applicable to all state contractors and subcontractors having a construction contract or subcontract of $5,000 or more.

1. As used in the specifications:

a. "Administrator" means Administrator, Office of Compliance Programs, California Department of Fair Employment and Housing (DFEH), or any person to whom the Administrator delegates authority;

b. "Minority" includes:

(i) Black (all persons having primary origins in any of the black racial groups of Africa, but not of Hispanic origin);

(ii) Hispanic (all persons of primary culture or origin in Mexico, Puerto Rico, Cuba, Central or South America or other Spanish derived culture or origin regardless of race);

(iii) Asian/Pacific Islander (all persons having primary origins in any of the original peoples of the Far East, Southeast Asia, the Indian Subcontinent or the Pacific Islands); and

(iv) American Indian/Alaskan Native (all persons having primary origins in any of the original peoples of North America and who maintain culture identification through tribal affiliation or community recognition).

2. Whenever the contractor or any subcontractor sub contracts a portion of the work, it shall physically include in each subcontract of $5,000 or more the non discrimination clause in this contract directly or through incorporation by reference. Any subcontract for work involving a construction trade shall also include the Standard California Construction Contract Specifications either directly or through incorporation by reference. Any subcontract for work involving a construction trade shall also include the Standard California Construction Contract Specifications, either directly or through incorporation by reference.

3. The contractor shall implement the specific non discrimination standards provided in paragraphs 6(a) through (e) of these specifications.

4. Neither the provisions of any collective bargaining agreement, nor the failure by a union with whom the contractor has a collective bargaining agreement, to refer either minorities or women shall excuse the contractor’s obligations under these specifications, Government Code, Section 12990, or the regulations promulgated pursuant thereto.

5. In order for the nonworking training hours of apprentices and trainees to be counted, such apprentices and trainees must be employed by the contractor during the training period, and the contractor must have made a commitment to employ the apprentices and trainees at the completion of their training, subject to the availability of employment opportunities. Trainees must be trained pursuant to training programs approved by the U.S. Department of Labor or the California Department of Industrial Relations.

6. The contractor shall take specific actions to implement its nondiscrimination program. The evaluation of the contractor’s compliance with these specifications shall be based upon its effort to achieve maximum results from its actions. The contractor must be able to demonstrate fully its efforts under Steps a. through e. below:

a. Ensure and maintain a working environment free of harassment, intimidation, and coercion at all sites, and at all facilities at which the contractor’s employees are assigned to work. The contractor, where possible, will assign two or more women to each construction project. The contractor shall specifically ensure that all leadpersons, superintendents, and other on-site supervisory personnel are aware of and carry out the contractor’s obligations to maintain such a working environment, with specific attention to minority or female individuals working at such sites or in such facilities.

b. Provide written notification within seven days to the director of DFEH when the union or unions with which the Contractor has a collective bargaining agreement has not referred to the Contractor a minority person or woman sent by the Contractor, or when the Contractor has other information that the union referral process has impeded the Contractor’s efforts to meet its obligations.

c. Disseminate the Contractor’s equal employment opportunity policy by providing notice of the policy to unions and training, recruitment and outreach programs and requesting their cooperation in assisting the Contractor to meet its obligations; and by posting the company policy on bulletin boards accessible to all employees at each location where construction work is performed.

(Continue on reverse)

STATE OF CALIFORNIA

STANDARD CALIFORNIA NONDISCRIMINATION

CONSTRUCTION CONTRACT SPECIFICATIONS

(GOVERNMENT CODE, SECTION 12990)

STD. 18 (REV. 1/95) (REVERSE)

d. Ensure all personnel making management and 9. Establishment and implementation of a bona fide employment decisions regarding hiring, assignment, affirmative action plan pursuant to Section 8104(b) of this layoff, termination, conditions of work, training, rates Chapter shall create a rebuttable presumption that a of pay or other employment decisions, including all contractor is in compliance with the requirements of Section supervisory personnel, superintendents, general 12990 of the Government Code and its implementing leadpersons, on-site leadpersons, etc., are aware of the regulations.

Contractor’s equal employment opportunity policy and obligations, and discharge their responsibilities 10. The Contractor shall not use the nondiscrimination accordingly. standards to discriminate, harass or allow harassment against any person because of race, color, religious creed,

e. Ensure that seniority practices, job classifications, work sex, national origin, ancestry, disability (including HIV and assignments and other personnel practices, do not have AIDS), medical condition (cancer), age, marital status, or a discriminatory effect by continually monitoring all denial of family and medical care leave and denial of personnel and employment related activities to ensure pregnancy disability leave.

that the equal employment opportunity policy and the Contractor’s obligations under these specifications are 11. The Contractor shall not enter into any subcontract with any being carried out. person or firm decertified from state contracts pursuant to

Government Code Section 12990.

7. Contractors are encouraged to participate in voluntary associations which assist in fulfilling their equal 12. The Contractor shall carry out such sanctions and penalties employment opportunity obligations. The efforts of a for violation of these specifications and the nondiscrimination contractor association, joint contractor-union, clause, including suspension, termination and cancellation of contractor-community, or other similar group of which the existing subcontracts as may be imposed or ordered pursuant contractor is a member and participant, may be asserted as to Government Code Section 12990 and its implementing fulfilling any one or more of its obligations under these specifications provided that the contractor actively participates in the group, makes every effort to assure that the group has a positive impact on the employment of regulations by the awarding agency. Any Contractor who fails to carry out such sanctions and penalties shall be in violation of these specifications and Government Code Section 12990.

minorities and women in the industry, ensures that the concrete benefits of the program are reflected in the Contractor’s minority and female workforce participation, and can provide access to documentation which demonstrates the effectiveness of actions taken on behalf of the Contractor.

13. The Contractor shall designate a responsible official to monitor all employment related activity to ensure that the company equal employment opportunity policy is being carried out, to submit reports relating to the provisions

The obligation to comply, however, is the Contractor’s. hereof as may be required by OCP and to keep records.

Records shall at least include for each employee the name,

8. The Contractor is required to provide equal employment opportunity for all minority groups, both male and female, and all women, both minority and nonminority.

Consequently, the Contractor may be in violation of the Fair Employment and Housing Act (Gov. Code Section 12990 et seq.) if a particular group is employed in a substantially disparate manner.

address, telephone numbers, construction trade, union affiliation if any, employee identification number when assigned, social security number, race, sex, status, (e.g., mechanic, apprentice trainee, helper or laborer), dates of changes in status, hours worked per week in the indicated trade, rate of pay, and locations at which the work was performed. Records shall be maintained in any easily understandable and retrievable form; however, to the degree that existing records satisfy this requirement, contractors shall not be required to maintain separate records.

Print: