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21. Fair Employment Practices. Contractor will comply and cause its subcontractors to <br /> comply with all of the requirements of Section 4.615 to 4.650 of the Eugene Code, as well <br /> as the provisions of ORS 659.010 through 659.030 regarding fair employment practices, <br /> including, but not limited to, the following: <br /> 21.7. During the performance of this contract, the Contractor agrees as follows: <br /> 21.2. The Contractor will not discriminate against any employee or applicant for <br /> employment because of an individual's race, color, sex, national origin, marital <br /> status, familiar status, age, sexual orientation or source of income, a juvenile record <br /> that has been expunged pursuant to ORS 419A.260 and 419A.262, or because an <br /> individual is a person with a disability which, with reasonable accommodation by the <br /> employer does not prevent the pertormance of the work involved, unless based <br /> upon a bona fide occupational qualification reasonably necessary to the normal <br /> operation of the employer's business. <br /> 21.3. Those Contractors employing 15 or more individuals will develop and implement an <br /> affirmative action plan to insure that applicants are employed, and that employees <br /> are treated during employment, without regard to their race, color, sex, age, or <br /> national origin. Such plan shall include, but not be limited to the following: <br /> employment, upgrading, demotion, transfer, recruitment, recruitment advertising, <br /> layoff or termination, rates of pay or other forms of compensation, and selection for <br /> training, including apprenticeship. <br /> 21.4. The Contractor agrees to post in conspicuous places, available to employees and <br /> applicants for employment, notices to be provided by the Human Rights Commission <br /> setting forth the provisions of this non-discrimination clause. <br /> 21.5. The Contractor will, prior to commencement and during the term of this contract, <br /> provide to the city such documentation, and permit any inspection of records as may <br /> be required or authorized by rules adopted by the city manager to determine <br /> compliance with paragraph 21.1 above. <br /> 21.6. If upon an investigation conducted pursuant to rules adopted by the city manager in <br /> accordance with section 2.019 of the Eugene Code, 1971 there is reasonable cause <br /> to believe that the contractor or any subcontractors of the contractor have failed to <br /> comply with any of the terms of paragraphs 21.1 or 21.2, a determination thereof <br /> shall be made in accordance with the adopted rules. Such determination may result <br /> in the suspensions, cancellation or termination of the principal contract in whole or in <br /> part and/or the withholding of any funds due or to become due to the contractor, <br /> pending compliance by the contractor and/or its subcontractors, with the terms of <br /> paragraphs 21.1 and 21.2. <br /> 21.7. Failure to comply with any of the terms of paragraphs 21.1 and 21.2 above shall be <br /> a material breach of this contract. <br /> 21.8. Contractor shall include the provisions of paragraphs 21.1 through 21.4 so that such <br /> provisions shall be binding upon each subcontractor. <br /> Public Improvement Contract (Comp) -Page 6 <br /> <br /> (Revised April 1998) <br /> <br />