[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:
BIDDER
Includes any bidder, subbidder or prospective contractor and their subcontractors, any other subcontractor or other contracting party.
CONTRACT
Includes any contract, subcontract or other agreement.
CONTRACTOR
Includes and is defined as any contractor, and their subcontractors, any other subcontractor or other contracting party who employs more than six persons.
DISCRIMINATORY, DISCRIMINATE, or DISCRIMINATION
Includes all action which denies or tends to deny equal employment opportunity because of race, color, 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, status as a veteran or age (as defined by state statutes).
[Amended 10-23-2023 STM by Art. 2]
EMPLOYMENT PROCESS
Includes recruitment, selection, placement, promotion, training, layoff and termination of employment.
TOWN AGENCY
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.
A. 
This bylaw shall apply to:
(1) 
All contracts involving expenditures in excess of $10,000; and
(2) 
The municipal employment process.
B. 
Where a contract is for less than $10,000, a Town agency may apply the provisions of this bylaw to any contract, bidder or contractor.
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.