In this chapter:
(1) AFFIRMATIVE ACTION means the positive steps taken to ensure compliance with the equal employment opportunity clause described in Section 15B-3 of this chapter.
(2) BIDDER means any person, partnership, corporation, association, or joint venture seeking to be awarded a contract.
(3) CITY MANAGER means the city manager of the city of Dallas or the city manager's designated representative.
(4) CONSTRUCTION CONTRACT means any public contract for the construction, rehabilitation, alteration, conversion, extension, or repair of city facilities.
(5) CONTRACTOR means any person, partnership, corporation, association, or joint venture that has been awarded a contract by the city.
(6) DISCRIMINATE, DISCRIMINATES, OR DISCRIMINATION means to distinguish, differentiate, separate, or segregate solely on the basis of race, color, age, religion, marital status, sexual orientation, gender identity and expression, genetic characteristics, national origin, disability, military or veteran status, sex, political opinions or affiliations.
(7) SEXUAL ORIENTATION has the meaning assigned to it in Chapter 34 of the Dallas City Code, as amended. (Ord. Nos. 14486; 20989; 24927; 30828)
All construction contracts entered into by the city involving the expenditure of more than $10,000 of city funds and all competitively bid contracts for the procurement of goods and services involving an expenditure of more than $50,000 of city funds must incorporate an equal employment opportunity clause, which reads as follows:
(1) The contractor shall not discriminate against any employee or applicant for employment because of race, color, age, religion, marital status, sexual orientation, gender identity and expression, genetic characteristics, national origin, disability, military or veteran status, sex, political opinions or affiliations. The contractor shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to race, age, color, religion, sex, sexual orientation, or national origin. This action shall include, but not be limited to, the following:
(A) employment, upgrading, demotion, or transfer;
(B) recruitment or recruitment advertising;
(C) layoff or termination;
(D) rates of pay or other forms of compensation; and
(E) selection for training, including apprenticeship.
(2) The contractor agrees to post in conspicuous places, available to employees and applicants, notices to be provided by the city setting forth the provisions of the nondiscrimination clause described in Subsection (1) of this section.
(3) The contractor shall in all solicitations or advertisements for employees placed by or on behalf of the contractor state that every qualified applicant will receive consideration for employment without regard to race, age, color, religion, sex, sexual orientation, or national origin.
(4) The contractor shall furnish all information and reports required by the city manager and shall permit the city manager to investigate the contractor’s payrolls and personnel records that pertain to current contracts with the city for purposes of ascertaining compliance with this equal employment opportunity clause.
(5) The contractor shall file compliance reports with the city as may be required by the city manager. Compliance reports must:
(A) be filed within the required time period;
(B) contain information as to the employment practices, policies, programs, and statistics of the contractor; and
(C) be in the form that the city manager prescribes.
(6) If the contractor fails to comply with this equal employment opportunity clause, it is agreed that the city, at its option, may do either or both of the following:
(A) Cancel, terminate, or suspend the contract in whole or in part.
(B) Declare the contractor ineligible for further city contracts until the contractor is determined to be in compliance.
(7) Nothing in the equal opportunity clause requires that employee benefits be provided to an employee for the benefit of the employee’s domestic partner. (Ord. Nos. 14486; 20989; 24927; 30828)
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