§ 2.50.040. Prohibiting discrimination in employment and providing for an equal employment program by construction contractors doing business with the County.

All County public works contracts involving an expenditure of less than $100,000 shall contain a provision that the contractor will provide equal opportunity in employment, including its hiring, training and promotion for all qualified persons.

In County public works contracts involving an expenditure of $100,000 or more, the criteria to determine the acceptability of bids shall include the following:

(a)

Certification of Compliance with Laws Prohibiting Discrimination. Each bidder shall submit a certification that it is in compliance with the Equal Employment Opportunity Requirement of Executive Order 11246, title VII of the Civil Rights Act of 1964, the California Fair Employment Practices Act and any other federal or state laws relating to equal employment opportunity and the provisions of this chapter and the Board established guidelines implementing them. The bidder shall also certify that it will not discriminate against any employee or applicant for employment based on race, color, religion, ancestry, gender, age (over 40), national origin, medical condition (cancer), physical or mental disability, sexual orientation, pregnancy, childbirth or related medical condition, marital status, or political affiliation. This pertains to the areas of recruitment, hiring, training, upgrading, transfer, compensation and termination.

(b)

Certification of Intent to Develop and Implement an Equal Employment Program. Each bidder shall submit a certification that it will develop, implement and maintain, during the course of the work concerned, an equal employment program in employment conducted without regard to race, color, religion, ancestry, gender, age (over 40), national origin, medical condition (cancer), physical or mental disability, sexual orientation, pregnancy, childbirth or related medical condition, marital status, or political affiliation. With this certification he shall submit any and all information which may be required by the County in connection with this program.

(c)

Compliance by Subcontractors. The provisions of this chapter apply to any subcontractor engaged by the successful bidder, and each successful bidder shall notify its subcontractors of the obligations under the provisions of this chapter, and shall be responsible for their compliance.

(d)

Guidelines Defining Equal Employment. Guidelines shall be adopted by the Board of Supervisors identifying and defining the nature and scope of an equal employment program. Such guidelines will be made available to all parties desiring to bid on County construction projects and will, by reference, be incorporated in all requests for bids on construction projects. The Board of Supervisors will periodically review these guidelines to determine if any alteration is necessary to improve the operation of the County's equal employment program.

(Ord. 4324, 08/15/06)