Certificate of Nondiscrimination
Obligations and Certification of Nondiscrimination
Any recipient or other beneficiary of funds (a “Recipient”), by contract or otherwise, from Ben Franklin Technology Partners of Southeastern Pennsylvania (“Ben Franklin”) agrees – during the term of that relationship with Ben Franklin and for so long as Ben Franklin has a stakeholding or other interest in that Recipient – as follows:
- The Recipient shall not discriminate against any employee, applicant for employment, independent contractor or any other person because of race, color, religious creed, ancestry, national origin, age, sex, sexual orientation, gender identity or expression, disability, or in violation of the Pennsylvania Human Relations Act, or in violation of any applicable federal laws. The Recipient shall take affirmative action to ensure that applicants are employed, and that employees or agents are treated during employment, without regard to their race, color, religious creed, ancestry, national origin, age, sex, sexual orientation, or gender identity or expression. Such affirmative action shall include, but is not limited to: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training. The Recipient shall post in conspicuous places, available to employees, agents, applicants for employment and other persons, a notice to be provided by the Recipient setting forth the provisions of this nondiscrimination clause.
- The Recipient shall, in advertisements or requests for employment placed by it or on its behalf, state that all qualified applicants will receive consideration for employment without regard to race, color, religious creed, ancestry, national origin, age, sex, sexual orientation, gender identity or expression, or disability.
- The Recipient will send each labor union or workers’ representative with which it has a collective bargaining agreement or other contract or understanding a notice advising said labor union or workers’ representative of its commitment to this nondiscrimination clause. Similar notice shall be sent to every other source of recruitment regularly utilized by the Recipient.
- It shall be no defense to a finding of noncompliance with this nondiscrimination clause or, as applicable, with the Contract Compliance Regulations issued by the Pennsylvania Human Relations Commission that the Recipient had delegated some of its employment practices to any union, training program or other source of recruitment which prevents it from meeting its obligations. However, if the evidence indicates that the Recipient was not on notice of the third-party discrimination or made a good faith effort to correct it, such a factor shall be considered in mitigation in determining appropriate sanctions.
- Where the practices of a union or of any training program or other source of recruitment will result in the exclusion of minority group persons, so that the Recipient will be unable to meet its obligations under this nondiscrimination clause or, as applicable, under the Contract Compliance Regulations issued by the Pennsylvania Human Relations Commission, the Recipient shall then employ and fill vacancies through other nondiscriminatory employment procedures.
- The Recipient shall comply with all applicable state, local and federal laws and regulations prohibiting discrimination in hiring or employment opportunities. In the event of the Recipient’s noncompliance with the nondiscrimination clause of this Agreement or with any such laws, this Agreement may be terminated or suspended, in whole or in part. In that event, the Recipient may be declared temporarily ineligible for further Commonwealth funding or contracts, and other sanctions may be imposed and remedies invoked against the Recipient.
- The Recipient shall furnish all necessary employment documents and records to, and permit access to its books, records and accounts by, the contracting agency and the Commonwealth (including but not limited to the Bureau of Diversity, Inclusion and Small Business Opportunities), for purposes of investigation to ascertain compliance with the provisions of this clause and applicable law. If the Recipient does not possess documents or records reflecting the necessary information requested, it shall furnish such information on reporting forms supplied by the contracting agency or the Commonwealth (including but not limited to the Bureau of Diversity, Inclusion and Small Business Opportunities).
- The Recipient shall actively recruit minority subcontractors with substantial minority representation among their employees.
- The Recipient shall include the provisions of this nondiscrimination clause in every subcontract related to this Agreement, so that such provisions will be binding upon each subcontractor.
- The Recipient shall establish and maintain a written nondiscrimination and sexual harassment policy and shall inform, in writing, its employees of the policy. The policy must contain a provision that sexual harassment will not be tolerated and that employees who practice it will be disciplined. The Recipient also shall post this policy in easily-accessible and well-lighted places customarily frequented or accessed by employees and at or near where the Recipient’s Commonwealth-funded services are performed.
- The Recipient’s foregoing obligations are limited to the facilities within Pennsylvania or, where the contract is for purchase of goods manufactured outside Pennsylvania, the facilities at which such goods are actually produced.
Effective as of 3/23/18