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A. Required contract language.

1. The following clause is required to appear in all contracts between the City and prime contractors and contracts between the prime and subcontractors:

Any contractor in performing under this contract shall not discriminate against any worker, employee or applicant, or any member of the public, because of race, color, religion, sex, national origin, age, or disability, nor otherwise commit an unfair employment practice. The contractor shall ensure that applicants are employed, and employees are dealt with during employment without regard to their race, color, religion, sex, national origin, age, or disability and shall adhere to a policy to pay equal compensation to men and women who perform jobs that require substantially equal skill, effort, and responsibility, and that are performed within the same establishment under similar working conditions. Such action shall include but not be limited to the following: employment, promotion, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rate of pay or other forms of compensation; and selection for training; including apprenticeship. The contractor further agrees that this clause will be incorporated in all subcontracts with all labor organizations furnishing skilled, unskilled and union labor, or who may perform any such labor or services in connection with this contract.

2. If the prime contractor employs more than 35 employees, the following language shall be included as the last sentence to the clause above:

The contractor further agrees not to discriminate against any worker, employee or applicant, or any member of the public, because of sexual orientation or gender identity or expression and shall ensure that applicants are employed, and employees are dealt with during employment without regard to their sexual orientation or gender identity or expression.

B. Documentation. Contractors may be required to provide additional documentation to the Department verifying that a nondiscriminatory employment policy is being utilized.

C. Monitoring. The Department shall monitor the employment policies and practices of contractors subject to this article as deemed necessary. The Equal Opportunity Department is authorized to conduct on-site compliance reviews of selected firms, which may include an audit of personnel and payroll records, if deemed necessary.

D. Exception Federal monies. In the event the Federal government is requiring reporting, outreach, or affirmative action goals to establish or maintain eligibility for Federal programs, and failure to adhere to these requirements would result in a loss of Federal monies to the City, the Federal requirements shall prevail. (Ord. No. G-5600, § 2, 2011; Ord. No. G-5780, 2013; Ord. No. G-6022, 2015)