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within a reasonable time. If the investigation indicates that the
<br />discrimination may affect persons other than the complainant,
<br />such corrective action shall include such other persons. Upon
<br />completion of each investigation, the contractor will inform
<br />every complainant of all of their avenues of appeal.
<br />6. Training and Promotion:
<br />a. The contractor will assist in locating, qualifying, and
<br />increasing the skills of minorities and women who are
<br />applicants for employment or current employees. Such efforts
<br />should be aimed at developing full journey level status
<br />employees in the type of trade or job classification involved.
<br />b. Consistent with the contractor's work force requirements
<br />and as permissible under Federal and State regulations, the
<br />contractor shall make full use of training programs (i.e.,
<br />apprenticeship and on-the-job training programs for the
<br />geographical area of contract performance). In the event a
<br />special provision for training is provided under this contract,
<br />this subparagraph will be superseded as indicated in the
<br />special provision. The contracting agency may reserve
<br />training positions for persons who receive welfare assistance
<br />in accordance with 23 U.S.C. 140(a).
<br />c. The contractor will advise employees and applicants for
<br />employment of available training programs and entrance
<br />requirements for each.
<br />d. The contractor will periodically review the training and
<br />promotion potential of employees who are minorities and
<br />women and will encourage eligible employees to apply for
<br />such training and promotion.
<br />7. Unions: If the contractor relies in whole or in part upon
<br />unions as a source of employees, the contractor will use good
<br />faith efforts to obtain the cooperation of such unions to
<br />increase opportunities for minorities and women. 23 CFR
<br />230.409. Actions by the contractor, either directly or through a
<br />contractor's association acting as agent, will include the
<br />procedures set forth below:
<br />a. The contractor will use good faith efforts to develop, in
<br />cooperation with the unions, joint training programs aimed
<br />toward qualifying more minorities and women for membership
<br />in the unions and increasing the skills of minorities and women
<br />so that they may qualify for higher paying employment.
<br />b. The contractor will use good faith efforts to incorporate an
<br />EEO clause into each union agreement to the end that such
<br />union will be contractually bound to refer applicants without
<br />regard to their race, color, religion, sex, sexual orientation,
<br />gender identity, national origin, age, or disability.
<br />c. The contractor is to obtain information as to the referral
<br />practices and policies of the labor union except that to the
<br />extent such information is within the exclusive possession of
<br />the labor union and such labor union refuses to furnish such
<br />information to the contractor, the contractor shall so certify to
<br />the contracting agency and shall set forth what efforts have
<br />been made to obtain such information.
<br />d. In the event the union is unable to provide the contractor
<br />with a reasonable flow of referrals within the time limit set forth
<br />in the collective bargaining agreement, the contractor will,
<br />through independent recruitment efforts, fill the employment
<br />vacancies without regard to race, color, religion, sex, sexual
<br />orientation, gender identity, national origin, age, or disability;
<br />making full efforts to obtain qualified and/or qualifiable
<br />minorities and women. The failure of a union to provide
<br />sufficient referrals (even though it is obligated to provide
<br />exclusive referrals under the terms of a collective bargaining
<br />agreement) does not relieve the contractor from the
<br />requirements of this paragraph. In the event the union referral
<br />practice prevents the contractor from meeting the obligations
<br />pursuant to Executive Order 11246, as amended, and these
<br />special provisions, such contractor shall immediately notify the
<br />contracting agency.
<br />8. Reasonable Accommodation for Applicants /
<br />Employees with Disabilities: The contractor must be familiar
<br />with the requirements for and comply with the Americans with
<br />Disabilities Act and all rules and regulations established
<br />thereunder. Employers must provide reasonable
<br />accommodation in all employment activities unless to do so
<br />would cause an undue hardship.
<br />9. Selection of Subcontractors, Procurement of Materials
<br />and Leasing of Equipment: The contractor shall not
<br />discriminate on the grounds of race, color, religion, sex, sexual
<br />orientation, gender identity, national origin, age, or disability in
<br />the selection and retention of subcontractors, including
<br />procurement of materials and leases of equipment. The
<br />contractor shall take all necessary and reasonable steps to
<br />ensure nondiscrimination in the administration of this contract.
<br />a. The contractor shall notify all potential subcontractors,
<br />suppliers, and lessors of their EEO obligations under this
<br />contract.
<br />b. The contractor will use good faith efforts to ensure
<br />subcontractor compliance with their EEO obligations.
<br />10. Assurances Required:
<br />a. The requirements of 49 CFR Part 26 and the State
<br />DOT's FHWA-approved Disadvantaged Business Enterprise
<br />(DBE) program are incorporated by reference.
<br />b. The contractor, subrecipient or subcontractor shall not
<br />discriminate on the basis of race, color, national origin, or sex
<br />in the performance of this contract. The contractor shall carry
<br />out applicable requirements of 49 CFR part 26 in the award
<br />and administration of DOT -assisted contracts. Failure by the
<br />contractor to carry out these requirements is a material breach
<br />of this contract, which may result in the termination of this
<br />contract or such other remedy as the recipient deems
<br />appropriate, which may include, but is not limited to:
<br />(1) Withholding monthly progress payments;
<br />(2) Assessing sanctions;
<br />(3) Liquidated damages; and/or
<br />(4) Disqualifying the contractor from future bidding as non -
<br />responsible.
<br />c. The Title VI and nondiscrimination provisions of U.S.
<br />DOT Order 1050.2A at Appendixes A and E are incorporated
<br />by reference. 49 CFR Part 21.
<br />11. Records and Reports: The contractor shall keep such
<br />records as necessary to document compliance with the EEO
<br />requirements. Such records shall be retained for a period of
<br />three years following the date of the final payment to the
<br />contractor for all contract work and shall be available at
<br />reasonable times and places for inspection by authorized
<br />representatives of the contracting agency and the FHWA.
<br />a. The records kept by the contractor shall document the
<br />following:
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