Current through Register Vol. 46, No. 12, March 20, 2024
(a)
(1) The contractor will not discriminate
against any employee or applicant for employment because of race, creed, color
or national origin. The contractor will take affirmative action to ensure that
employees and applicants for employment are treated without regard to their
race, creed, color or national origin. As used herein, the term treated shall
mean and include, without limitation, the following: recruited, whether by
advertising or other means; compensated, whether in the form of rates of pay or
other forms of compensation; selected for training, including apprenticeship;
promoted; upgraded; demoted; downgraded; transferred; laid off; and terminated.
The contractor agrees to post, in conspicuous places available to employees and
applicants for employment, notices to be provided by the contracting agency
setting forth the language of this nondiscrimination provision.
(2) The contractor will, in all solicitations
or advertisements for employees placed by or on behalf of the contractor, state
that all qualified applicants will be considered for employment without regard
to race, creed, color or national origin.
(3) The contractor will send to each labor
union or other representative of workers with which he has a collective
bargaining agreement or other contract or understanding, a notice to be
provided advising the labor union or workers' representative of the
contractor's commitments under his contract and shall post copies of the notice
in conspicuous places available to employees and applicants for
employment.
(4) The contractor will
comply with all provisions of this contract and of the rules, regulations, and
orders issued by the fund to implement the same.
(5) The contractor will furnish all
information and reports required by the fund and by such rules, regulations,
and orders issued pursuant thereto, and will permit access to his books,
records and accounts by the fund for purposes of investigation to ascertain
compliance with this contract and such rules, regulations and orders.
(6) If the contractor does not comply with
the nondiscrimination provisions of this contract or with any such rules,
regulations or orders, this contract may be cancelled, terminated or suspended
in whole or in part and the contractor may be declared ineligible for further
contracts involving projects under the auspices of the fund and such other
sanctions may be imposed and remedies invoked as are provided by rule,
regulation or order issued by the fund, or as otherwise provided by
law.
(b) The contractor
will include the foregoing provisions of subdivision (a) of this section in
every subcontract or purchase order issued in connection with the project, as
well as in any agreement with architects, engineers, accountants and legal
counsel for professional services, by incorporating the text or by reference
thereto, so that such provisions will be binding upon each subcontractor,
professional firm or vendor. The contractor will take such action with respect
to any subcontract or purchase order as the fund may direct as a means of
enforcing such provisions, including sanctions for noncompliance.
(c) The provisions of this section shall be
deemed supplementary to, and not in lieu of, or in substitution for, the
provisions of the New York State Labor Law relating to nondiscrimination, and
other applicable Federal, State or city law, ordinance, rule and
regulation.