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MTC/City of San Leandro <br />Master Funding Agreement for FY 2021-22 to FY 2030-31 <br />Page 22 <br /> <br /> <br />EXHIBIT B-3 <br /> <br />ATTACHMENT A <br /> <br />FAIR EMPLOYMENT PRACTICES ADDENDUM <br /> <br />1. In the performance of the applicable Supplement, AGENCY shall not discriminate against any <br />employee for employment because of sex, race, color, ancestry, religious creed, national origin, physical <br />disability (including HIV and AIDS), mental disability, medical condition (e.g. cancer), age (over 40), <br />marital status, and denial of family care leave. AGENCY shall take affirmative action to ensure that <br />employees are treated during employment without regard to their race, sex, sexual orientation, color, <br />religion, ancestry, or national origin, physical disability, medical condition, marital status, political <br />affiliation, family and medical care leave, pregnancy leave, or disability leave. Such action shall include, <br />but not be limited to, the following: employment; upgrading; demotion or transfer; recruitment or <br />recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection <br />for training, including apprenticeship. AGENCY shall post in conspicuous places, available to employees <br />for employment, notices to be provided by STATE setting forth the provisions of this Fair Employment <br />section. <br /> <br />2. AGENCY, 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 the applicable Supplement by reference and made a part hereof as if set forth in full. <br />Each of the AGENCY’S contractors and all subcontractors shall give written notice of their obligations <br />under this clause to labor organizations with which they have a collective bargaining or other agreements <br />as appropriate. <br /> <br />3. AGENCY shall include the nondiscrimination and compliance provisions of this clause in all contracts <br />and subcontracts to perform work under the applicable Supplement. <br /> <br />4. AGENCY shall permit access to the records of employment, employment advertisements, application <br />forms, and other pertinent data and records by STATE, the State Fair Employment and Housing <br />Commission, or any other agency of the State of California designated by STATE, for the purposes of <br />investigation to ascertain compliance with the Fair Employment section of the applicable Supplement. <br /> <br />5. Remedies for Willful Violation: <br /> <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 AGENCY was a party, or upon <br />receipt of a written notice from the Fair Employment and Housing Commission that it has investigated <br />and determined that AGENCY has violated the Fair Employment Practices Act and had issued an order <br />under Labor Code Section 1426 which has become final or has obtained an injunction under Labor Code <br />Section 1429. <br /> <br />395