Pennsylvania Code › Title 16 - COMMUNITY AFFAIRS › Part II - Governor's Office › Subpart A - Human Relations Commission › Chapter 49 - CONTRACT COMPLIANCE › CONTRACTUAL AGREEMENT › Section 49.101 - Nondiscrimination clause

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Every State
					 contract as defined in §
											49.1 (relating to definitions)
					 shall contain a nondiscrimination clause barring discrimination in employment
					 because of race, color, religious creed, national origin, ancestry, sex or
					 age.
(b) Every State contract
					 between a Commonwealth agency engaged in granting financial assistance,
					 including but not limited to State loans or State guarantees of student loans,
					 and a bank, banking institution or other organization shall contain a
					 nondiscrimination clause barring discrimination in employment because of race,
					 color, religious creed, national origin, ancestry, sex or age.
(c) Every State contract for the deposit of
					 Commonwealth funds in a bank, banking institution or trust company shall, upon
					 the approval of the Board of Finance and Revenue, contain a nondiscrimination
					 clause barring discrimination in employment because of race, color, religious
					 creed, national origin, ancestry, sex or age.
(d) The nondiscrimination clause to be
					 incorporated into every contractual agreement or other arrangement shall be in
					 the following form:
NONDISCRIMINATION CLAUSE
During the term of this contract, Contractor agrees as
						follows:
1. Contractor shall not
					 discriminate against any employe, applicant for employment, independent
					 contractor, or any other person because of race, color, religious creed,
					 ancestry, national origin, age, or sex. Contractor shall take affirmative
					 action to ensure that applicants are employed, and that employes or agents are
					 treated during employment, without regard to their race, color, religious
					 creed, ancestry, national origin, age, or sex. Such affirmative action shall
					 include, but is not 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.
					 Contractor shall post in conspicuous places, available to employes, agents,
					 applicants for employment and other persons, a notice to be provided by the
					 contracting agency setting forth the provisions of this nondiscrimination
					 clause.
2. Contractor shall in
					 advertisements or requests for employment placed by it or on its behalf state
					 all qualified applicants will receive consideration for employment without
					 regard to race, color, religious creed, ancestry, national origin, age, or
					 sex.
3. Contractor shall send each
					 labor union or workers' representative with which it has a collective
					 bargaining agreement or other contract or understanding, a notice advising said
					 labor union or workers' representative of its commitment to this
					 nondiscrimination clause. Similar notice shall be sent to every other source of
					 recruitment regularly utilized by Contractor.
4. It shall be no defense to a finding of a
					 noncompliance with Contract Compliance Regulations issued by the Pennsylvania
					 Human Relations Commission or this nondiscrimination clause that Contractor had
					 delegated some of its employment practices to any union, training program, or
					 other source of recruitment which prevents it from meeting its obligations.
					 However, if the evidence indicates that the Contractor was not on notice of the
					 third-party discrimination or made a good faith effort to correct it, such
					 factor shall be considered in mitigation in determining appropriate
					 sanctions.
5. Where the practices
					 of a union or any training program or other source of recruitment will result
					 in the exclusion of minority group persons, so that Contractor will be unable
					 to meet its obligations under the Contract Compliance Regulations issued by the
					 Pennsylvania Human Relations Commission or this nondiscrimination clause,
					 Contractor shall then employ and fill vacancies through other nondiscriminatory
					 employment procedures.
6.
					 Contractor shall comply with the Contract Compliance Regulations of the
					 Pennsylvania Human Relations Commission, 16 Pa. Code Chapter 49 and with all
					 laws prohibiting discrimination in hiring or employment opportunities. In the
					 event of Contractor's noncompliance with the non-discrimination clause of this
					 contract or with any such laws, this contract may, after hearing and
					 adjudication, be terminated or suspended, in whole or in part, and Contractor
					 may be declared temporarily ineligible for further Commonwealth contracts, and
					 such other sanctions may be imposed and remedies invoked as provided by the
					 Contract Compliance Regulations.
7.
					 Contractor shall furnish all necessary employment documents and records to, and
					 permit access to its books, records and accounts by, the contracting agency and
					 the Human Relations Commission, for purposes of investigation to ascertain
					 compliance with the provisions of the Contract Compliance Regulations, pursuant
					 to §
												49.35 (relating to information
					 concerning compliance by contractors). If Contractor does not possess documents
					 or records reflecting the necessary information requested, it shall furnish
					 such information on reporting forms supplied by the contracting agency or the
					 Commission.
8. Contractor shall
					 actively recruit minority subcontractors or subcontractors with substantial
					 minority representation among their employes.
9. Contractor shall include the provisions of
					 this nondiscrimination clause in every subcontract, so that such provisions
					 will be binding upon each Subcontractor.
10. The terms used in this nondiscrimination
					 clause shall have the same meaning as in the Contract Compliance Regulations
					 issued by the Pennsylvania Human Relations Commission, 16 Pa. Code Chapter
					 49.
11. Contractor obligations
					 under this clause are limited to the Contractor's facilities within
					 Pennsylvania, or, where the contract is for purchase of goods manufactured
					 outside of Pennsylvania, the facilities at which such goods are actually
					 produced.