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<br />" <br /> <br />. <br /> <br />. <br /> <br />y <br /> <br />DISCRIMINATION AND AFFIRMATIVE ACTION <br /> <br />5. The CONTRACTOR agrees to comply with the letter and spirit of the Colorado Antidiscrimination Act <br />of 1957, as amended, and other applicable law respecting discrimination and unfair employment <br />practices (C.R.S. 24-34-402), and as required by Executive Order, Equal Opportunity and <br />Affirmative Action, dated April 16, 1975. Pursuant thereto, the following provisions shall be <br />contained in all STATE contracts or sub-contracts. <br /> <br />During the performance of this contract, the CONTRACTOR agrees as follows: <br /> <br />a. The CONTRACTOR will not discriminate against any employee or applicant for employment <br />because of race, creed, color, national origin, sex, martial status, religion, ancestry, mental or <br />physical handicap, or age. The CONTRACTOR will take affirmative action to insure that <br />applicants are employed, and that employees are treated during employment, without regard <br />to the above mentioned characteristics. Such action shall include, but not be limited to the <br />following: employment upgrading, demotion, or transfer, recruitment or recruitment <br />advertisings; lay-offs or terminations; rates of payor other forms of compensation; and <br />selection for training, including apprenticeship. The CONTRACTOR agrees to post in <br />conspicuous places, available to employees and applicants for employment, notices to be <br />provided by the contracting officer setting forth provisions of this non-discrimination clause. <br /> <br />b. The CONTRACTOR will, in all solicitations or advertisements for employees placed by or on <br />behalf of the CONTRACTOR, state that all qualified applicants will receive consideration for <br />employment without regard to race, creed, color, national origin, sex, martial status, religion, <br />ancestry, mental or physical handicap, or age. <br /> <br />c. The CONTRACTOR will send to each labor union or representative of workers with which he has <br />a collective bargaining agreement or other contract or understanding, notice to be provided by <br />the contracting officer, advising the labor union or workers' representative of the <br />CONTRACTOR'S commitment under the Executive Order, Equal Opportunity and Affirmative <br />Action, dated April 16, 1975, and of the rules, regulations, and relevant Orders of the <br />Governor. <br /> <br />d. The CONTRACTOR and labor unions will furnish all information and reports required by <br />Executive Order, Equal Opportunity and Affirmative Action of April 16, 1975, and by the rules, <br />regulations and Orders of the Governor, or pursuant thereto, and will permit access to his <br />books, records, and accounts by the contracting agency and the office of the Governor or his <br />designee for purposes of investigation to ascertain compliance with such rules, regulations <br />and orders. <br /> <br />e. A labor organization will not exclude any individual otherwise qualified from full membership <br />rights in such labor organization, or expel any such individual from membership in such labor <br />organization or discriminate against any of its members in the full enjoyment of work <br />opportunity because of race, creed, color, sex, national origin, or ancestry. <br /> <br />f. A labor organization, or the employees or members thereof will not aid, abet, incite, compel or <br />coerce the doing of any act defined in this contract to be discriminatory or obstruct or prevent <br />any person from complying with the provisions of this contract or any order issued thereunder; <br />or attempt, either directly or indirectly, to commit any act defined in this contract to be <br />discriminatory. <br /> <br />g. In the event of the CONTRACTOR'S non-compliance with the non-discrimination clauses of this <br />contract or with any of such rules, regulations, or orders, this contract may be canceled, <br />terminated or suspended in whole or in part and the CONTRACTOR may be declared ineligible <br />for further STATE contracts in accordance with procedures, authorized in Executive Order, <br />Equal Opportunity and Affirmative Action of April 16, 1975 and the rules, regulations, or <br />orders promulgated in accordance therewith, and such other sanctions as may be imposed <br /> <br />Page 5 of7 <br />