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Minnesota Department of Transportation EEO Special Provisions
<br />Office of Civil Rights
<br />Revised 07/12
<br />MINNESOTA AFFIRMATIVE ACTION REQUIREMENTS
<br />1. It is hereby agreed between the parties to this contract that Minnesota Statutes, Section §363A.36, and its
<br />accompanying rules are incorporated into any contract between these parties based upon this specification or any
<br />modification of it. A copy of Minnesota Statutes, Section §363A.36, and its accompanying rules is available
<br />upon request from the contracting agency. The Contractor hereby agrees to comply with the rules and relevant
<br />orders of the Minnesota Department of Human Rights issued pursuant to the Minnesota Human Rights Act.
<br />2. It is hereby agreed between the parties to this contract that this agency requires that the Contractor meet
<br />affirmative action criteria as provided for by Minnesota Statutes §363A.36 and its accompanying rules. It is the
<br />intent of the Minnesota Department of Transportation to fully carry out its responsibility for requiring affirmative
<br />action, and to implement sanctions for failure to meet these requirements. Failure by a contractor to implement an
<br />affirmative action plan, meet project employment goals for minority and women employment or make a good faith
<br />effort to do so may result in revocation of his/her Certificate of Compliance or suspension or revocation of the
<br />contract (Minnesota Statutes §363A.36).
<br />3. Under the affirmative action obligation imposed by the Human Rights Act, Minnesota Statutes, Section §363A.36,
<br />contractors shall take affirmative action to employ and advance in employment minority, female, and qualified
<br />disabled individuals at all levels of employment. Affirmative action must apply to all employment practices,
<br />including but not limited to hiring, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff
<br />or termination; rates of pay or other forms of compensation, and selection for training, including apprenticeship.
<br />The Contractor shall recruit, hire, train and promote persons in all job titles, without regard to race, color, creed,
<br />religion, sex, national origin, marital status, status with regard to public assistance, physical or mental disability,
<br />sexual orientation or age except where such status is a bona fide occupational qualification. These affirmative
<br />action requirements of the Minnesota Human Rights Act are consistent with but broader than the Federal
<br />requirements as covered in this contract.
<br />4. Affirmative Action for disabled workers. The Contractor shall not discriminate against any employee or applicant
<br />for employment because of a physical or mental disability in regard to any position for which the employee or
<br />applicant for employment is qualified. The Contractor agrees to take affirmative action to employ, advance in
<br />employment, and otherwise treat qualified disabled individuals without discrimination based upon their physical
<br />or mental disability in all employment practices such as employment, upgrading, demotion or transfer, recruitment,
<br />advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training
<br />(including apprenticeship). In the event of the Contractor's noncompliance with the requirements of this clause,
<br />actions for noncompliance may be taken in accordance with Minnesota Statutes, section §363A.36 and the rules
<br />and relevant orders of the Minnesota Department of Human Rights pursuant to the Minnesota Human Rights Act.
<br />5. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment,
<br />notices in a form to be prescribed by the commissioner of the Minnesota Department of Human Rights. Such
<br />notices shall state the Contractor's obligation under the law to take affirmative action to employ and advance in
<br />employment minority, women and qualified disabled employees and applicants for employment, and the rights of
<br />applicants and employees. A poster entitled "Contractor Non-discrimination is the Law" may be obtained
<br />from: Compliance Unit, Minnesota Department of Human Rights, Freeman Building, 625 Robert Street
<br />North, Saint Paul, Minnesota 55155. (651) 539-1100, TTY 296-1283, Toll Free 1-800-657-3704.
<br />6. The Contractor shall notify each labor union or representative of workers with which he/she has a collective
<br />bargaining agreement or other contract understanding, that the Contractor is bound by the terms of Minnesota
<br />Statutes, section §363A.36 of the Minnesota Human Rights Act, and is committed to take affirmative action to
<br />employ and advance in employment minority, women and qualified physically and mentally disabled individuals.
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