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Project Manual 11-210C - Ramapo College of New Jersey

Project Manual 11-210C - Ramapo College of New Jersey

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ARTICLE 16<br />

AFFIRMATIVE ACTION REQUIREMENTS<br />

16.1 Policy Statement<br />

It has long been the policy <strong>of</strong> the <strong>College</strong> to promote equal employment opportunity by prohibiting<br />

discrimination in employment and requiring affirmative action in performance <strong>of</strong> contracts funded by the <strong>College</strong>. This<br />

policy has been reinforced and expended by an act <strong>of</strong> the Legislature. The new statute, <strong>New</strong> <strong>Jersey</strong> Public Law 1975,<br />

Chapter 172, provides that no public works contractor can be awarded, nor any monies paid, until the prospective<br />

contractor has agreed to contract performance which complies with the approved Affirmative Action Plan. The law<br />

applies to each political subdivision and agency <strong>of</strong> the State and includes procurement and service contracts as well as<br />

construction contracts. This section was prepared to explain the affirmative action requirements and procedures for<br />

public agencies awarding contracts and for contractors bidding on contracts. To assure effective implementation <strong>of</strong> the<br />

affirmative action law while allowing the business operations <strong>of</strong> a government to proceed efficiently, these regulations<br />

are designed to minimize administrative paperwork, and delays.<br />

16.2 Mandatory Language<br />

During the performance <strong>of</strong> this contract, the contractor agrees as follows:<br />

a. The contractor or subcontractor, where applicable, will not discriminate<br />

against any employee or applicant for employment because <strong>of</strong> age, race, creed,<br />

color, national origin, ancestry, marital status, gender, affectional or sexual<br />

orientation. The contractor will take affirmative action to ensure that such<br />

applicants are recruited and employed, and that employees are treated during<br />

employment without regard to their age, race, creed, color, national origin,<br />

ancestry, marital status or sex. Such action shall include but not be limited to the<br />

following: employment, upgrading, demotion, transfer, recruitment or recruitment<br />

advertising; lay<strong>of</strong>f or termination; rates <strong>of</strong> pay or other forms <strong>of</strong> compensation; and<br />

selection for training, including apprenticeship. The contractor agrees to post in<br />

conspicuous places, available to employees and applicants for employment, notices<br />

to be provided by the Public Agency Compliance Officer setting forth provisions <strong>of</strong><br />

this non-discrimination clause.<br />

b. The contractor or subcontractor, where applicable will, in all solicitations<br />

or advertisements for employees placed by or on behalf <strong>of</strong> the contractor, state that<br />

all qualified applicants will receive consideration for employment without regard to<br />

age, race, creed, color, national origin, ancestry, marital status or sex.<br />

c. The contractor or subcontractor, where applicable, will send to each labor<br />

union or representative <strong>of</strong> workers with which it has a collective bargaining<br />

agreement or other contract or understanding, a notice, to be provided by the Public<br />

Agency Compliance Officer, advising the labor union or workers' representative <strong>of</strong><br />

the contractor's commitments under this act and shall post copies <strong>of</strong> the notice in<br />

conspicuous places available to employees and applicants for employment.<br />

d. The contractor or subcontractor, where applicable, agrees to comply with<br />

any regulations promulgated by the Treasurer pursuant to P.L. 1975, c. 127, as<br />

amended and supplemented from time to time.<br />

RCNJ <strong>Project</strong> No.: 09-270.1C - 57 -

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