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(1) Nondiscrimination - In accordance with Title VI of the Civil Rights Act, as amended, 42 U.S.C. §
<br />2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6101 et seq.,
<br />section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12101, and Federal transit law
<br />at 49 U.S.C. § 5332, the Contractor agrees that it will not discriminate against any employee or
<br />applicant for employment because of race, color, creed, national origin, sex, age, or disability. In
<br />addition, the Contractor agrees to comply with applicable Federal implementing regulations and other
<br />implementing requirements FTA may issue.
<br />(a) The third party contractor and all lower tiers shall comply with all provisions of FTA Circular
<br />4701.1A, "Title VI and Title VI Dependent Guidelines for Federal Transit Administration recipients',
<br />May 13, 2007.
<br />(2) Equal Employment Opportunity - The following equal employment opportunity requirements
<br />apply to the underlying contract:
<br />(aa) Race Color Religion National Origin Sex - In accordance with Title VII of the Civil Rights Act,
<br />as amended, 42 U.S.C. § 2000e, and Federal transit laws at 49 U.S.C. § 5332, the Contractor
<br />agrees to comply with all applicable equal employment opportunity requirements of U.S. Department
<br />of Labor (U.S. DOL) regulations, "Office of Federal Contract Compliance Programs, Equal
<br />Employment Opportunity, Department of Labor," 41 C.F.R. Parts 60 et seq., (which implement
<br />Executive Order No. 11246, "Equal Employment Opportunity," as amended by Executive Order No.
<br />11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," 42 U.S.C. §
<br />2000e note), and with any applicable Federal statutes, executive orders, regulations, and Federal
<br />policies that may in the future affect construction activities undertaken in the course of the Project. The
<br />Contractor agrees to take affirmative action to ensure that applicants are employed, and that employees
<br />are treated during employment, without regard to their race, color, religion, national origin, sex, or
<br />age. Such action shall include, but not be limited to, the following: employment, upgrading, demotion
<br />or transfer, recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of
<br />compensation; and selection for training, including apprenticeship. In addition, the Contractor agrees
<br />to comply with any implementing requirements FTA may issue.
<br />(b] Equal Employment Opportunity Requirements for Construction Activities. For activities
<br />determined by the U.S. Department of Labor (U.S. DOL) to qualify as "construction," the Contractor
<br />agrees to comply and assures the compliance of each subcontractor at any tier of the Project, with
<br />all applicable equal employment opportunity requirements of U.S. DOL regulations, "Office of
<br />Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor,"
<br />41 C.F.R. Parts 60 et seq., which implement Executive Order No. 11246, "Equal Employment
<br />Opportunity," as amended by Executive Order No. 11375, "Amending Executive Order No. 11246
<br />Relating to Equal Employment Opportunity," 42 U.S.C. § 2000(e) note, and also with any Federal
<br />laws, regulations, and directives affecting construction undertaken as part of the Project.
<br />(3) Nondiscrimination on the Basis of Age —The Contractor agrees to comply with all applicable
<br />requirements of the Age Discrimination Act of 1975, as amended, 42 U.S.C. §§ 6101 et seq., and with
<br />implementing U.S. Health and Human Services regulations, "Nondiscrimination on the Basis of Age in
<br />Programs or Activities Receiving Federal Financial Assistance, 45 C.F.R. Part 90, which prohibit
<br />discrimination against individuals on the basis of age.
<br />The Age Discrimination in Employment Act (ADEA) 29 U.S.C. §§ 621 through 634 and with
<br />implementing U.S. Equal Employment Opportunity Commission (U.S. EEOC) regulations, "Age
<br />Discrimination in Employment Act," 29 C.F.R. Part 1625, which prohibits discrimination against
<br />individuals on the basis of age.
<br />(4) Nondiscrimination on the Basis of Sex - The Contractor agrees to comply with all applicable
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