N.Y. Comp. Codes R. & Regs. tit. 21 § 900.1

Current through Register Vol. 46, No. 45, November 2, 2024

Section 900.1 - Nondiscrimination

(a)

(1) The contractor will not discriminate against any employee or applicant for employment because of race, creed, color or national origin. The contractor will take affirmative action to ensure that employees and applicants for employment are treated without regard to their race, creed, color or national origin. As used herein, the term treated shall mean and include, without limitation, the following: recruited, whether by advertising or other means; compensated, whether in the form of rates of pay or other forms of compensation; selected for training, including apprenticeship; promoted; upgraded; demoted; downgraded; transferred; laid off; and terminated. The contractor agrees to post, in conspicuous places available to employees and applicants for employment, notices to be provided by the contracting agency setting forth the language of this nondiscrimination provision.

(2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will be considered for employment without regard to race, creed, color or national origin.

(3) The contractor will send to each labor union or other representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the labor union or workers' representative of the contractor's commitments under his contract and shall post copies of the notice in conspicuous places available to employees and applicants for employment.

(4) The contractor will comply with all provisions of this contract and of the rules, regulations, and orders issued by the fund to implement the same.

(5) The contractor will furnish all information and reports required by the fund and by such rules, regulations, and orders issued pursuant thereto, and will permit access to his books, records and accounts by the fund for purposes of investigation to ascertain compliance with this contract and such rules, regulations and orders.

(6) If the contractor does not comply with the nondiscrimination provisions of this contract or with any such rules, regulations or orders, this contract may be cancelled, terminated or suspended in whole or in part and the contractor may be declared ineligible for further contracts involving projects under the auspices of the fund and such other sanctions may be imposed and remedies invoked as are provided by rule, regulation or order issued by the fund, or as otherwise provided by law.

(b) The contractor will include the foregoing provisions of subdivision (a) of this section in every subcontract or purchase order issued in connection with the project, as well as in any agreement with architects, engineers, accountants and legal counsel for professional services, by incorporating the text or by reference thereto, so that such provisions will be binding upon each subcontractor, professional firm or vendor. The contractor will take such action with respect to any subcontract or purchase order as the fund may direct as a means of enforcing such provisions, including sanctions for noncompliance.

(c) The provisions of this section shall be deemed supplementary to, and not in lieu of, or in substitution for, the provisions of the New York State Labor Law relating to nondiscrimination, and other applicable Federal, State or city law, ordinance, rule and regulation.

N.Y. Comp. Codes R. & Regs. Tit. 21 § 900.1