[HISTORY: Adopted by the Town Meeting of the Town of Sudbury
as Art. VII(A) of the General Bylaws. Amendments noted where applicable.]
The Town of Sudbury shall take affirmative action to provide
equal employment opportunity, without discrimination.
All Town agencies shall enter into contracts for the purchase
of goods or services and for the construction, maintenance, renovation
or repair of any building, structure, street, way, utility or other
public work only with contractors taking affirmative action to provide
equal employment opportunity without discrimination.
As used in this bylaw, "affirmative action" means positive steps
to ensure all persons equal employment opportunity without discrimination
at all stages of the employment process.
A.
At the discretion
of the appropriate Town agency, it may include, but is not limited
to, the following:
(1)
Inclusion in all solicitations and advertisements for employees of
a statement that the contractor is an "equal opportunity employer";
(2)
Placement of solicitations and advertisements for employees in media
that reach minority groups;
(3)
Notification, in writing, to all recruitment sources that the contractor
solicits the referral of applicants without discrimination;
(4)
Direct solicitation of the support of responsible and appropriate
agencies to assist in recruitment efforts;
(5)
Participation in, or establishment of, apprenticeship or training
programs where outside programs are inadequate or unavailable to minority
groups;
(6)
Modification of collective bargaining agreements to eliminate restrictive
barriers established by dual lines of seniority, dual rates of pay
or dual lines of promotion or progression which are based on discrimination;
(7)
Review of the employment process to eliminate all discrimination;
(8)
Communication of all job orders simultaneously to the sources of
minority manpower, such as those sources listed by the Massachusetts
Commission Against Discrimination and the Equal Employment Opportunity
Commission.
B.
In determining
whether the steps taken or proposed by any bidder or contractor constitute
affirmative action under this bylaw, the Town agency shall take into
account the relevant characteristics of the bidder or contractor,
the number of persons they employ and the location of their principal
and branch offices.
As used in this bylaw, the following terms shall have the following
meanings:
Includes any bidder, subbidder or prospective contractor
and their subcontractors, any other subcontractor or other contracting
party.
Includes any contract, subcontract or other agreement.
Includes and is defined as any contractor, and their subcontractors,
any other subcontractor or other contracting party who employs more
than six persons.
Includes all action which denies or tends to deny equal employment
opportunity because of race, color, age, disability, religious creed,
national origin, sex, gender identity, sexual orientation, which shall
not include persons whose sexual orientation involves minor children
as the sex object, genetic information, pregnancy or a condition related
to said pregnancy, including, but not limited to, lactation or the
need to express breast milk for a nursing child, ancestry or status
as a veteran (as defined by state statutes).
[Amended 10-23-2023 STM
by Art. 2; 5-6-2024 ATM by Art.
45]
Includes recruitment, selection, placement, promotion, training,
layoff and termination of employment.
Includes all boards, employees, commissions, committees,
departments and other agencies, including the School Committee.
A.
Each bidder, contractor, and subcontractor shall include in all bids,
progress and compliance reports a statement setting forth the affirmative
action they are currently undertaking and will undertake during the
contract period, and a written statement with supporting information,
signed by an authorized agent of any labor union or other agency which
refers workers or provides or supervises apprenticeship or other training
programs with which the bidder or contractor deals, to the effect
that the union or other agency's practices and policies are not discriminatory.
In the event that the union or other agency refuses to execute such
a statement, the bidder or contractor shall certify such facts.
B.
A copy of any such report shall be filed in the office of the Town
Clerk and shall upon filing become a public record.
The Select Board shall enforce this bylaw.
If any provision of this bylaw shall be held invalid or unconstitutional,
such invalidity or unconstitutionality shall not be construed to affect
the validity or constitutionality of any of the remaining provisions.
