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DocuSign Envelope ID: 895D2A90-533F-4A74-8650-530137EA9E81 <br />ABAG/City Innovate <br />PROVIDER Bench Management Software <br />Page 26 <br /> <br /> <br />ATTACHMENT D <br />State Required Clauses <br />ATTACHMENT D-1 <br />FAIR EMPLOYMENT PRACTICES ADDENDUM <br /> <br />1. In the performance of this Agreement, PROVIDER shall not discriminate against any employee <br />for employment because of sex, race, color, ancestry, religious creed, national origin, physical <br />disability (including HIV and AIDS), mental disability, medical condition (e.g. cancer), age (over <br />40), marital status, and denial of family care leave. PROVIDER shall take affirmative action to <br />ensure that employees are treated during employment without regard to their race, sex, sexual <br />orientation, color, religion, ancestry, or national origin, physical disability (including HIV and <br />AIDS), medical condition, marital status, political affiliation, family and medical care leave, <br />pregnancy leave, or disability leave. Such action shall include, but not be limited to, the following: <br />employment; upgrading; demotion or transfer; recruitment or recruitment advertising; layoff or <br />termination; rates of pay or other forms of compensation; and selection for training, including <br />apprenticeship. PROVIDER shall post in conspicuous places, available to employees for <br />employment, notices to be provided by STATE setting forth the provisions of this Fair <br />Employment section. <br /> <br />2. PROVIDER, its contractor(s) and all subcontractors shall comply with the provisions of the Fair <br />Employment and Housing Act (Government Code Section 12900 et seq.), and the applicable <br />regulations promulgated thereunder (California code of Regulations, Title 2, Section 7285.0 et <br />seq.). The applicable regulations of the Fair Employment and Housing Commission implementing <br />Government Code, Section 12900(a-f), set forth in Chapter 5 of Division 4 of Title 2 of the <br />California Code of Regulations are incorporated into this Agreement by reference and made a part <br />hereof as if set forth in full. Each of the PROVIDER’S contractors and all subcontractors shall <br />give written notice of their obligations under this clause to labor organizations with which they <br />have a collective bargaining or other agreements as appropriate. <br /> <br />3. PROVIDER shall include the nondiscrimination and compliance provisions of this clause in all <br />contracts and subcontracts to perform work under this Agreement. <br /> <br />4. PROVIDER shall permit access to the records of employment, employment advertisements, <br />application forms, and other pertinent data and records by STATE, the State Fair Employment and <br />Housing Commission, or any other agency of the State of California designated by STATE, for <br />the purposes of investigation to ascertain compliance with the Fair Employment section of this <br />Agreement. <br /> <br />5. Remedies for Willful Violation: <br /> <br />(a) STATE may determine a willful violation of the Fair Employment provision to have occurred <br />upon receipt of a final judgment to that effect from a court in an action to which PROVIDER was <br />a party, or upon receipt of a written notice from the Fair Employment and Housing Commission <br />that it has investigated and determined that PROVIDER has violated the Fair Employment <br />Practices Act and had issued an order under Labor Code Section 1426 which has become final or <br />has obtained an injunction under Labor Code Section 1429. <br />DocuSign Envelope ID: 8A67B327-8D8D-41F3-A9AA-0E6612310575