|
EXHIBIT A -FAIR EMPLOYMENT PRACTICES ADDENDUM
<br />1. In the performance of this Agreement, ADMINISTERING AGENCY will not discriminate against
<br />any employee for employment because of race, color, sex, sexual orientation, religion, age,
<br />ancestry or national origin, physical disability, medical condition, marital status, political affiliation,
<br />family and medical care leave, pregnancy leave, or disability leave. ADMINISTERING AGENCY
<br />will take affirmative action to ensure that employees are treated during employment without regard
<br />to their race, sex, sexual orientation, color, religion, ancestry, or national origin, physical disability,
<br />medical condition, marital status, political affiliation, family and medical care leave, pregnancy
<br />leave, or disability leave. Such action shall include, but not be limited to, the following:
<br />employment; upgrading; demotion or transfer; recruitment or recruitment advertising; layoff or
<br />termination; rates of pay or other forms of compensation; and selection for training, including
<br />apprenticeship. ADMINISTERING AGENCY shall post in conspicuous places, available to
<br />employees for employment, notices to be provided by STATE setting forth the provisions of this
<br />Fair Employment section.
<br />2. ADMINISTERING AGENCY, its contractor(s) and all subcontractors shall comply with the
<br />provisions of the Fair Employment and Housing Act (Gov. Code, 1290-0 et seq.), and the
<br />applicable regulations promulgated thereunder (Cal. Code Regs., Title 2, 7285.0, et seq.). The
<br />applicable regulations of the Fair Employment and Housing Commission implementing
<br />Government Code section 12900(a-f), set forth in Chapter 5 of Division 4 of Title 2 of the
<br />California Code of Regulations are incorporated into this AGREEMENT by reference and made a
<br />part hereof as if set forth in full. Each of the ADMINISTERING AGENCY'S contractors and all
<br />subcontractors shall give written notice of their obligations under this clause to labor organizations
<br />with which they have a collective bargaining or other agreements, as appropriate.
<br />3. ADMINISTERING AGENCY shall include the nondiscrimination and compliance provisions of
<br />this clause in all contracts and subcontracts to perform work under this AGREEMENT.
<br />4. ADMINISTERING AGENCY will permit access to the records of employment, employment
<br />advertisements, application forms, and other pertinent data and records by STATE, the State Fair
<br />Employment and Housing Commission, or any other agency of the State of California designated
<br />by STATE, for the purposes of investigation to ascertain compliance with the Fair Employment
<br />section of this Agreement.
<br />5. Remedies far Willful Violation:
<br />(a) STATE may determine a willful violation of the Fair Employment provision to have occurred
<br />upon receipt of a final judgment to that effect from a court in an action to which ADMINISTERING
<br />AGENCY was a party, or upon receipt of a written notice from the Fair Employment and Housing
<br />Commission that it has investigated and determined that ADMINISTERING AGENCY has violated
<br />the Fair Employment Practices Act and had issued an order under Labor Code section 1426 which
<br />has become final or has obtained an injunction under Labor Code section 1429.
<br />(b) For willful violation of this Fair Employment Provision, STATE shall have the right to terminate
<br />this Agreement either in whole or in part, and any loss or damage sustained by STATE in securing
<br />the goods or services thereunder shall be borne and paid for by ADMINISTERING AGENCY and
<br />by the surety under the performance bond, if any, and STATE may deduct from any moneys due
<br />Page 15 of 16
<br />
|