Ohio Administrative Code › Title 3361:20 - University of Cincinnati › Chapter 3361:20-23 - Contracts › Section 3361:20-23-13 - Contracts: policy statement on equal employment opportunity covenant requirements for contractors

Current through all regulations passed and filed through July 1, 2024
As a recipient of federal, state and city funds, the university
				of Cincinnati is required to comply with "Federal Executive orders 11246 and
				11375," "State of Ohio Executive Order 1972" and its own affirmative action
				plan banning employment discrimination. Specifically, those holding university
				contracts or orders or those seeking university employment opportunity
				practices as the university in respect to their own employees and
				subcontractors.
Those contractors and vendors engaged by the university, who
				are subject to the department of public works' rule and regulations on equal
				employment opportunity, will be required to adhere to the following
				obligations. Such contractors and vendors hereby agree to incorporate or cause
				to be incorporated into any contract or modification thereof, as such is
				defined in "section 202" of the director of the department of public works'
				rule and regulations on equal employment opportunity, and which is paid for in
				whole or in part with a grant, contract, loan, insurance policy or guaranty
				which is distributed, allocated, or approved by a department, authority,
				commission or agency of the state of Ohio subject to the terms of such
				regulations, the following equal employment opportunity clause: during the
				performance of the contract, the contractor agrees as follows:
(A) The contractor will not discriminate
			 against any employee or applicant for employment because of race, color,
			 religion, national origin, sex, sex orientation, handicap, status as disabled
			 veteran or veteran of the Vietnam era, or age. The contractor will take
			 affirmative action to ensure that applicants are employed, and that employees
			 are treated during employment without regard to their race, color, religion,
			 national origin, sex, sex orientation, handicap, status as disabled veteran or
			 veteran of the Vietnam era or age. Such action shall apply but not be limited
			 to the following: employment, upgrading, demotion, or transfer; recruitment or
			 recruitment advertising; layoff or termination; rates of pay or other forms of
			 compensation; and selection for training, including apprenticeship. The
			 contractor agrees to post in conspicuous places, available to employees and
			 applicants for employment, notices setting forth the provisions of this
			 nondiscrimination clause.
(B) The
			 contractor will, in all solicitations or advertisements for employees placed by
			 or on behalf of the contractor, state that all qualified applicants will
			 receive consideration for employment without regard to race, color, religion,
			 national origin, sex, sex orientation, handicap, status as disabled veteran or
			 veteran of the Vietnam era or age.
(C) The contractor will send to each labor
			 union or representative of workers, with which he has a collective bargaining
			 agreement or other contract, a notice to be provided by the state administering
			 agency or the office of contract compliance, university 
			 of Cincinnati, advising said labor union or workers' representatives of
			 contractor's commitments under this covenant and shall post copies of the
			 notice in conspicuous places available to employees and applicants for
			 employment.
(D) The contractor will
			 comply with all provisions of the department of public works regulation on
			 equal employment opportunity, and with the implementing rules, regulations, and
			 applicable orders of the state equal employment opportunity coordinator and the
			 office of contract compliance, university of Cincinnati.
(E) The contractor agrees he will fully
			 cooperate with the state administering agency, the state equal employment
			 opportunity coordinator, the office of contract compliance, university of
			 Cincinnati and with any other official or agency of the state or federal
			 government which seeks to eliminate unlawful employment discrimination, and
			 with all other state and federal efforts to assure equal employment practices
			 under this contract, and said contractor shall comply promptly with all
			 requests and directions from the state administering agency, the state equal
			 employment opportunity coordinator, the office of contract compliance,
			 university of Cincinnati and any of the state of Ohio's officials and agencies
			 in this regard, both before and during the contract.
(F) Full cooperation as expressed in
			 paragraph (E) 
								of this rule, shall include, but not be limited to, being a witness and
			 permitting employees to be witnesses and complainants in any proceeding
			 involving questions of unlawful employment practices, furnishing all
			 information and reports required by the department of public works regulation
			 on equal employment opportunity and by the rules, regulations and orders of the
			 state equal employment coordinator and the office of contract compliance,
			 university of Cincinnati pursuant thereto, and permitting access to the
			 contractor's books, records, and accounts by the state administering agency,
			 the state equal employment opportunity coordinator and the office of contract
			 compliance, university of Cincinnati for purposes of investigation to ascertain
			 compliance with such rules, regulations and orders.
(G) In the event of the contractor's
			 noncompliance with the nondiscrimination clauses of this contract, or with any
			 of the said rules, regulations or orders, this contract may be cancelled,
			 terminated, or suspended in whole or in part and the contractor may be declared
			 ineligible for further state contracts or state assisted contracts in
			 accordance with procedures authorized in the department of public works
			 regulation on equal employment opportunity, and such other sanctions may be
			 instituted and remedies invoked as provided in said regulations or by rule,
			 regulation or order of the state equal employment opportunity coordinator, the
			 office of contract compliance, university of Cincinnati, or as otherwise
			 provided by law.
(H) The contractor
			 will include the portion of the sentence immediately preceding paragraph (A)
			 and the provisions of paragraphs (A) 
								to paragraph
			 (H) in every subcontract or purchase order under this contract unless exempted
			 by rules, regulations or orders of the state equal employment opportunity
			 coordinator or the office of contract compliance, university of Cincinnati,
			 issued pursuant to "section 204" of the department of public works regulation
			 on equal employment opportunity so that such provisions will be binding upon
			 any such subcontractor or vendor. The contractor will take such action with
			 respect to any such subcontract or purchase order as the state administering
			 agency or the office of contract compliance, university of Cincinnati may
			 direct as a means of enforcing such provisions, including sanctions for
			 noncompliance; provided, however, that in the event a contractor becomes
			 involved in, or is threatened with litigation by a subcontractor, vendor or
			 other party as a result of such direction by the state administering agency or
			 the office of contract compliance, university of Cincinnati, the contractor may
			 request the state of Ohio to enter into such litigation to protect the
			 interests of the state.
(I) The
			 contractor further agrees that it will be bound by the above equal opportunity
			 clause with respect to its own employment practices within the state of Ohio
			 when it participates in a state assisted contract; provided that, if the
			 contractor so participating is a political subdivision, the above equal
			 opportunity clause is not applicable to any agency, instrumentality or
			 subdivision of such political subdivision which does not participate in work on
			 or under said contract.
(J) The
			 contractor agrees that will assist and cooperate actively with the state
			 administering agency, the state equal employment opportunity coordinator and
			 the office of contract compliance, university of Cincinnati in obtaining the
			 compliance of contractors and subcontractors with the equal opportunity clause
			 and the rules, regulations, and relevant orders of the state equal employment
			 opportunity coordinator, and the office of contract compliance, university of
			 Cincinnati, that it will furnish the state administering agency, the state
			 equal employment opportunity coordinator and the office of contract compliance,
			 university of Cincinnati, such information as they may require for the
			 supervision of such compliance, and that it will otherwise assist the state
			 administering agency and the office of contract compliance, university of
			 cincinnati in the discharge of said agency's primary responsibility for
			 securing compliance both before and during contract.
(K) The contractor further agrees that it
			 will refrain from entering into any contract or contract modification subject
			 to the department of public works' regulation on equal employment opportunity,
			 with a contractor barred from, or who has not demonstrated eligibility for
			 state contracts and state assisted contracts pursuant to said regulation and
			 will carry out such sanctions and penalties for violation of the equal
			 opportunity clause as may be imposed upon such contractors by the state
			 administering agency, the state equal employment opportunity coordinator and
			 the office of contract compliance, university of Cincinnati pursuant to "Part
			 II, Subpart D" of said regulation.
(L) The contractor agrees that if it fails or
			 refuses to comply with these undertakings, the state administering agency and
			 the office of contract compliance, university of Cincinnati, may take any or
			 all of the following actions: cancel, terminate, or suspend in whole or in part
			 of this grant, contract, loan, insurance policy, or guaranty; refrain from
			 extending any further assistance to the contractor under the program with
			 respect to which the failure or refusal occurred until satisfaction or
			 assurance of future compliance has been received from said contractor; or refer
			 the case to the attorney general for appropriate legal proceedings.
Amends: Rule 3361:20-23-13 of  the Administrative Code
Replaces: 3361:20-23-13