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Minnesota Department of Transportation EEO Special Provisions
<br />Office of Civil Rights 07/12
<br />REQUIRED CONTRACT PROVISIONS (cont.)
<br />The following provision is adopted from 23 CFR 230, Appendix
<br />A, with appropriate revisions to conform to the U.S. Department
<br />of Labor (US DOL) and FHWA requirements.
<br />1. Equal Employment Opportunity: Equal employment
<br />opportunity (EEO) requirements not to discriminate and to take
<br />affirmative action to assure equal opportunity as set forth under
<br />laws, executive orders, rules, regulations (28 CFR 35, 29 CFR
<br />1630, 29 CFR 1625-1627, 41 CFR 60 and 49 CFR 27) and
<br />orders of the Secretary of Labor as modified by the provisions
<br />prescribed herein, and imposed pursuant to 23 U.S.C. 140 shall
<br />constitute the EEO and specific affirmative action standards for
<br />the contractor's project activities under this contract. The
<br />provisions of the Americans with Disabilities Act of 1990 (42
<br />U.S.C. 12101 et seq.) set forth under 28 CFR 35 and 29 CFR
<br />1630 are incorporated by reference in this contract. In the
<br />execution of this contract, the contractor agrees to comply with
<br />the following minimum specific requirement activities of EEO:
<br />a. The contractor will work with the contracting agency and the
<br />Federal Government to ensure that it has made every good faith
<br />effort to provide equal opportunity with respect to all of its terms
<br />and conditions of employment and in their review of activities
<br />under the contract.
<br />b. The contractor will accept as its operating policy the
<br />following statement:
<br />"It is the policy of this Company to assure that applicants are
<br />employed, and that employees are treated during employment,
<br />without regard to their race, religion, sex, color, national origin,
<br />age or disability. Such action shall include: employment,
<br />upgrading, demotion, or transfer; recruitment or recruitment
<br />advertising; layoff or termination; rates of pay or other forms of
<br />compensation; and selection for training, including
<br />apprenticeship, pre -apprenticeship, and/or on-the-job training."
<br />2. EEO Officer: The contractor will designate and make known
<br />to the contracting officers an EEO Officer who will have the
<br />responsibility for and must be capable of effectively
<br />administering and promoting an active EEO program and who
<br />must be assigned adequate authority and responsibility to do so.
<br />3. Dissemination of Policy: All members of the contractor's staff
<br />who are authorized to hire, supervise, promote, and discharge
<br />employees, or who recommend such action, or who are
<br />substantially involved in such action, will be made fully
<br />cognizant of, and will implement, the contractor's EEO policy
<br />and contractual responsibilities to provide EEO in each grade and
<br />classification of employment. To ensure that the above
<br />agreement will be met, the following actions will be taken as a
<br />minimum.
<br />a. Periodic meetings of supervisory and personnel office
<br />employees will be conducted before the start of work and then
<br />not less often than once every six months, at which time the
<br />contractor's EEO policy and its implementation will be reviewed
<br />and explained. The meetings will be conducted by the EEO
<br />Officer.
<br />b. All new supervisory or personnel office employees will be
<br />given a thorough indoctrination by the EEO Officer, covering all
<br />major aspects of the contractor's EEO obligations within thirty
<br />days following their reporting for duty with the contractor.
<br />c. All personnel who are engaged in direct recruitment for the
<br />project will be instructed by the EEO Officer in the contractor's
<br />procedures for locating and hiring minorities and women.
<br />d. Notices and posters setting forth the contractor's EEO policy
<br />will be placed in areas readily accessible to employees, applicants
<br />for employment and potential employees.
<br />e. The contractor's EEO policy and the procedures to
<br />implement such policy will be brought to the attention of
<br />employees by means of meetings, employee handbooks, or other
<br />appropriate means.
<br />4. Recruitment: When advertising for employees, the contractor
<br />will include in all advertisements for employees the notation: "An
<br />Equal Opportunity Employer." All such advertisements will be
<br />placed in publications having a large circulation among
<br />minorities and women in the area from which the project work
<br />force would normally be derived.
<br />a. The contractor will, unless precluded by a valid bargaining
<br />agreement, conduct systematic and direct recruitment through
<br />public and private employee referral sources likely to yield
<br />qualified minorities and women. To meet this requirement, the
<br />contractor will identify sources of potential minority group
<br />employees, and establish with such identified sources procedures
<br />whereby minority and women applicants may be referred to the
<br />contractor for employment consideration.
<br />b. In the event the contractor has a valid bargaining agreement
<br />providing for exclusive hiring hall referrals, the contractor is
<br />expected to observe the provisions of that agreement to the extent
<br />that the system meets the contractor's compliance with EEO
<br />contract provisions. Where implementation of such an agreement
<br />has the effect of discriminating against minorities or women, or
<br />obligates the contractor to do the same, such implementation
<br />violates Federal nondiscrimination provisions.
<br />c. The contractor will encourage its present employees to refer
<br />minorities and women as applicants for employment.
<br />Information and procedures with regard to referring such
<br />applicants will be discussed with employees.
<br />5. Personnel Actions: Wages, working conditions, and employee
<br />benefits shall be established and administered, and personnel
<br />actions of every type, including hiring, upgrading, promotion,
<br />transfer, demotion, layoff, and termination, shall be taken without
<br />regard to race, color, religion, sex, national origin, age or
<br />disability. The following procedures shall be followed:
<br />a. The contractor will conduct periodic inspections ofproject
<br />sites to insure that working conditions and employee facilities do
<br />not indicate discriminatory treatment ofproject site personnel.
<br />EEO Page 28
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