City of Santa Barbara, CA NON-DISCRIMINATORY EMPLOYMENT PROVISIONS FOR ALL CONTRACTS OF THE CITY

The "contractor's obligation for non-discriminatory employment" is as follows:

In performing the work of this contract, the Contractor agrees as follows:

The Contractor will not discriminate against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, pregnancy and childbirth, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status (as those terms are defined by the California Fair Employment and Housing Act — Government Code Section 12900-12996), or based on political affiliation (as defined by California Labor Code Section 1102), unless based on a bona fide occupational qualification or as otherwise provided in Sections 12900 - 12996 of the California Government Code. Contractor further agrees that:

As used herein, "discrimination" includes harassment based on race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, pregnancy and childbirth, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status (as those terms are defined by the California Fair Employment and Housing Act — Government Code Section 12900-12996), or political affiliation (as defined by California Labor Code Section 1102).

As used herein, "discrimination" includes retaliation against a person who opposes, reports, or assists another person to oppose discrimination.

The Contractor will take positive action or ensure that applicants are employed, and that employees are treated during employment, without regard to their race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, pregnancy and childbirth, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status (as those terms are defined by the California Fair Employment and Housing Act — Government Code Section 12900-12996), or political affiliation (as defined by California Labor Code Section 1102), unless based on a bona fide occupational qualification or as otherwise provided in Section 12940 of the Government Code.

Such action shall include, but not be limited to, ensuring non-discrimination in the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship.

The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, pregnancy and childbirth, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status (as those terms are defined by the California Fair Employment and Housing Act — Government Code Section 12900-12996), or political affiliation (as defined by California Labor Code Section 1102), unless based on a bona fide occupational qualification or as otherwise provided in Section 12940 of the Government Code.

The Contractor will post in conspicuous places, available to the employees and applicants for employment, notice setting forth the provisions of this chapter. Posting of notice(s) about such prohibited employment practices provided by the California Department of Fair Employment and Housing will satisfy this requirement. The Contractor will make the contents of this notice available to any party requesting it within 15 days.

The Contractor will permit access to the Contractor's records of employment, employment advertisements, application forms, and other pertinent data and records by the City, the California Department of Fair Employment and Housing, or any other appropriate agency of the State designated by the City for the purposes of investigation to ascertain compliance with the Contractor's obligation for non-discriminatory employment provisions of this contract, or the Fair Employment and Housing Act.

Upon receipt of a written determination by the California Department of Fair Employment and Housing or the United States Equal Employment Opportunity Commission that it has investigated and determined that the Contractor has violated the California Fair Employment and Housing Act or California Labor Code Section 1102, or upon receipt of a written determination by a competent court of law that the Contractor has violated the California Fair Employment and Housing Act or California Labor Code Section 1102, the City Administrator shall determine whether there is probable cause that discrimination occurred in the performance of a contract with the City of Santa Barbara. If the Administrator so determines, the Administrator shall request the City Council to hold a public hearing to determine the existence of a discriminatory practice in violation of this contract.

In addition to any other remedy or action provided by law or the terms of this contract, the Contractor agrees, that should the City Council determine after a public hearing duly noticed to the Contractor that the Contractor has not complied with the non-discriminatory employment practices provisions of this contract or has willfully violated such provisions, the City may, without liability of any kind, terminate, cancel or suspend this contract, in whole or in part. In addition, upon such determination the Contractor shall, as a penalty to the City, forfeit a penalty of $100.00 for each calendar day, or portion thereof, for each person who was denied employment as a result of such non-compliance. Such moneys shall be recovered from the Contractor. The City may deduct any such penalties from any moneys due the Contractor from the City.

A finding by the City Council, following a public hearing duly noticed to the Contractor, of willful violation of the non-discriminatory employment practices article of this contract shall be regarded by the City as a basis for determining that as to future contracts for which the Contractor may submit bids, the Contractor is a "disqualified bidder" for being "non-responsible." The City shall notify the Contractor that unless the Contractor demonstrates to the satisfaction of the City within a stated period that the violation has been corrected, the Contractor shall be declared a "disqualified bidder" until such time as the Contractor can demonstrate that the Contractor has implemented remedial measures, satisfactory to the City, to eliminate the discriminatory employment practices which constituted the violation found by the California Department of Fair Employment and Housing, the United States Equal Employment Opportunity Commission, or competent court of law.

The Contractor certifies to the City that the Contractor has met or will meet the following standards for positive compliance, which shall be evaluated in each case by the City:

The Contractor shall notify all supervisors, foremen and other personnel officers in writing of the content of the non-discrimination provision and their responsibilities under it.

The Contractor shall notify all sources of employee referrals (including unions, employment agencies, advertisements, Department of Employment) of the content of the non-discrimination provision.

The Contractor shall file a basic compliance report as required by the City. Willful false statements made in such reports shall be punishable as provided by law. The compliance report shall also specify the sources of the work force and who has the responsibility for determining whom to hire, or whether or not to hire.

The Contractor shall notify the City of opposition to the non-discrimination provision by individuals, firms or organizations during the period of this contract.

Nothing contained in this Contractor's Obligation for Non-discriminatory Employment Certificate shall be construed in any manner to prevent the City from pursuing any other remedies that may be available at law.

In the performance of the work under this contract, the Contractor will include the provisions of the foregoing subsections A through G in all subcontracts and in any supply contract to be performed within the State of California, so that such provisions will be equally binding upon each subcontractor and each supplier.

The Contractor will take such action with respect to any subcontract or purchase order as the City may direct as a means of enforcing such provisions including sanctions for non-compliance; provided, however, that in the event the Contractor becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction by the City, the Contractor may request the City to enter into such litigation to protect the interests of the City.

(Ord. 3500, 1972; Ord. 4465, 1987; Ord. 5872, 2019)