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