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SECTION 2 - EEO/AA 2.1 Discrimination There shall be no discrimination because of race, creed, color, national origin, sex, handicap (unless that handicap prevents the person from meeting the minimum standards established for the relevant classification), or legitimate employee organization activities against any employee or applicant for employment by the Union or by the City or by anyone employed by the City; and to the extent prohibited by applicable state and federal law, there shall be no discrimination because of age. 2.2 Americans with Disability Act The City and the Union agree to abide by the provisions of the Americans With Disabilities Act (ADA.) Should the City need to change any current practice or policy to comply with the provisions of the ADA, the City shall provide the Union with advance notification per Section 3.4 of the MOU. Such notification shall be accompanied by appropriate legal memoranda and supporting legal documentation stating the basis necessitating the change. SECTION 3 - UNION SECURITY 3.1 Agency Fee 3.1.1 Employee Rights 3.1.1.1 The City and the Union recognize the right of employees to form, join and participate in lawful activities of employee organizations and the equal, alternative right of employees to refuse to form, join and participate in employee organizations. Neither party shall discriminate against an employee in the exercise of these alternative rights. 3.1.1.2 Accordingly, membership in the Union shall not be compulsory. An employee has the right to choose, either: to become a member of the Union; or, to pay to the Union a fee for representation services; or, to refrain from either of the above courses of action upon the grounds set forth in Section 3.1.6.1 below. 3.1.2 Unit Member's Obligation to Exclusive Representation An employee who does not fall within the exempted category as set forth in Section 3.1.6.1 below, and who has not voluntarily made 2