GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION
October 2011 Edition 00 72 00 - 10
3.4.6 The Contractor shall take specific actions to implement the Contractor's nondiscrimination program. The evaluation of the
Contractor's compliance with these specifications shall be based upon the Contractor's effort to achieve maximum results from the
Contractor's actions. The Contractor shall be able to demonstrate fully the Contractor's efforts under Steps .1 through .5 below:
.1 Ensure and maintain a working environment free of harassment, intimidation, and coercion at all sites and at all
facilities at which the Contractor's employees are assigned to work. The Contractor, whenever possible, shall assign
two or more women to each construction project. The Contractor shall specifically ensure that all leadpersons,
superintendents, and other on-site supervisory personnel are aware of and carry out the Contractor's obligations to
maintain such a working environment, with specific attention to minority and/or female individuals working at such
sites or in such facilities.
.2 Provide written notification within 7 days to the Director of DFEH when the union(s) with which the Contractor has
a collective bargaining agreement(s) has not referred to the Contractor a minority person and/or woman sent by the
Contractor, or when the Contractor has other information that the union(s) referral process has impeded the
Contractor's efforts to meet the Contractor's obligations.
.3 Disseminate the Contractor's equal employment opportunity policy by providing notice of the policy to unions and
training, recruitment and outreach programs and requesting their cooperation in assisting the Contractor to meet the
Contractor's obligations; and by posting the company policy on bulletin boards accessible to all employees at each
location where construction work is performed.
.4 Ensure all personnel making management and employment decisions regarding hiring, assignment, layoff,
termination, conditions of work, training, rates of pay or other employment decisions, including all supervisory
personnel, superintendents, general leadpersons, on-site leadpersons, etc., are aware of the Contractor's equal
employment opportunity policy and obligations, and discharge their responsibilities accordingly.
.5 Ensure that seniority practices, job classifications, work assignments and other personnel practices, do not have a
discriminatory effect by continually monitoring all personnel and employment related activities to ensure that the
equal employment opportunity policy and the Contractor's obligations under these specifications are being carried
out.
3.4.7 Contractors are encouraged to participate in voluntary associations which assist in fulfilling their equal employment
opportunity obligations. The efforts of a contractor association, joint contractor-union, contractor-community, or other similar group
of which the Contractor is a member and participant, may be asserted as fulfilling any one or more of the Contractor's obligations
under these specifications provided that the Contractor actively participates in the group, makes every effort to assure that the group
has a positive impact on the employment of minorities and women in the industry, ensures that the concrete benefits of the program
are reflected in the Contractor's minority and female work-force participation, and can provide access to documentation which
demonstrates the effectiveness of actions taken on behalf of the Contractor. It is the Contractor's obligation to comply.
3.4.8 The Contractor is required to provide equal employment opportunity for all minority groups, both male and female, and all
women, both minority and nonminority. Consequently, the Contractor may be in violation of the Fair Employment and Housing Act
(Government Code, Section 12990 et seq.) if a particular group is employed in a substantially disparate manner.
3.4.9 Establishment and implementation of a bona fide affirmative action plan pursuant to Section 8104(b) of Title 2, California
Code of Regulations (CCR), shall create a rebuttable presumption that the Contractor is in compliance with the requirements of
Government Code, Section 12990, and its implementing regulations.
3.4.10 The Contractor shall not use the nondiscrimination standards to discriminate, harass or allow harassment against any person
because of race, color, religion, sex, national origin, ancestry, physical disability (including HIV and AIDS), mental disability,
medical condition (cancer), marital status, or age over 40, denial of family and denial of family care leave.
3.4.11 The Contractor shall not enter into any subcontract with any person or firm decertified from State contracts pursuant to
Government Code, Section 12990.
3.4.12 The Contractor shall carry out such sanctions and penalties for violation of these specifications and the Nondiscrimination
Clause, including suspension, termination and cancellation of existing subcontracts as may be imposed or ordered pursuant to
Government Code, Section 12990 and its implementing regulations by the awarding agency. Any Contractor who fails to carry out
such sanctions and penalties shall be in violation of these specifications and Government Code, Section 12990.
3.4.13 The Contractor shall designate a responsible official to monitor all employment-related activity to ensure that the company's
equal employment opportunity policy is being carried out, to submit reports relating to the provisions herein as may be required by OCP,
and to keep records. Records shall at least include for each employee the name, address, telephone number, construction trade, union
affiliation, if any, employee identification number when assigned, social security number, race, sex, status (e.g., mechanic, apprentice