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2 (a) The State will not discriminate against any employee or applicant for employment
<br />3 because of race, color, religion, sex, disability, or national origin. The State will take affirmative
<br />4 action to ensure that applicants are employed, and that employees are treated during
<br />5 employment, without regard to their race, color, religion, sex, disability, or national origin. Such
<br />6 action shall include, but not be limited to the following: employment, upgrading, demotion, or
<br />7 transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms
<br />8 of compensation; and selection for training, including apprenticeship. The State agrees to post in
<br />9 conspicuous places, available to employees and applicants for employment, notices to be
<br />10 provided by the Contracting Officer setting forth the provisions of this nondiscrimination clause.
<br />11 (b) The State will, in all solicitations or advertisements for employees placed by or on
<br />12 behalf of the State, state that all qualified applicants will receive consideration for employment
<br />13 without regard to race, color, religion, sex, disability, or national origin.
<br />14 (c) The State will send to each labor union or representative of workers with which it has a
<br />15 collective bargaining agreement or other contract or understanding, a notice, to be provided by
<br />16 the Contracting Officer, advising the labor union or workers' representative of the State's
<br />17 commitments under section 202 of Executive Order 11246 of September 24, 1965 (EO 11246),
<br />18 and shall post copies of the notice in conspicuous place available, to employees and applicants
<br />19 for employment.
<br />20 (d) The State will comply with all provisions of EO 11246, and of the rules, regulations,
<br />21 and relevant orders of the Secretary of Labor.
<br />22 (e) The State will furnish all information and reports required by EO 11246, and by the
<br />23 rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit
<br />24 access to his books, records, and accounts by the Contracting Agency and the Secretary of Labor
<br />25 for purposes of investigation to ascertain compliance with such rules, regulations, and orders.
<br />26 (f) In the event of the State's noncompliance with the nondiscrimination clauses of this
<br />27 contract or with any of such rules, regulations, or orders, this contract may be canceled,
<br />28 terminated or suspended in whole or in;part and the State may be declared ineligible for further
<br />29 Government contracts in accordance with procedures authorized in EO 11246, and such other
<br />30 sanctions may imposed and remedies invoked as provided in EO 11246 or by rule, regulation,
<br />31 or order of the Secretary of Labor, or as otherwise provided by law.
<br />32 (g) The'State will include the provisions of paragraphs (1) through (7) in every subcontract
<br />33 or purchase order unless exempted by the rules, regulations, or orders of the Secretary of Labor
<br />34 issued pursuant to section 204 of EO 11246, so that such provisions will be binding upon each
<br />35 subcontractor or vendor. The State will take such action with respect to any subcontract or
<br />36 purchase order as may be ,directed by the Secretary of Labor as a means of enforcing such
<br />37 provisions, including sanctions for noncompliance: Provided, however, that in the event the State
<br />38 becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of
<br />39 such direction, the State may request that the United States enter into such litigation to protect
<br />40 the interests of the United States.
<br />41
<br />42 38. COMPLIANCE WITH CIVIL RIGHTS LAWS AND REGULATIONS
<br />43 (a) The State shall comply with Title VI of the Civil Rights Act of 1964 (Pub. L. 88 -352;
<br />44 42 U.S.C. § 2000d), the Rehabilitation Act of 1973 (Pub. L. 93 -112, Title V, as amended; 29
<br />45 U.S.C. § 791, et seq.), the Age Discrimination Act of 1975 (Pub. L. 94 -135, Title III; 42 U.S.C.
<br />30
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