Current through Register Vol. XLI, No. 50, December 13, 2024
Section 54-5-6 - Compliance with Federal and State LawsThe applicant agrees to ensure that the following conditions are met and shall submit a signed affirmation of compliance with all applicable Federal and State laws in the final report:
6.1. That it will not discriminate against any employee or applicant for employment because of race, color, age, religion, sex, national origin, or physical handicap.6.2. That it shall take affirmative action to ensure that all contractors employed during this project treat all their employees without regard to race, color, age, religion, sex, national origin, or physical handicap; and that such affirmative action shall include, but not be limited to, the following: employment, upgrading, demotions, transfers, recruitment, compensation, selection for training (including apprenticeship), and participation in recreational and educational activities. All solicitations or advertisements for employees placed by or on behalf of the applicant shall state that all qualified applicants for employment will be considered without regard to race, color, age, religion, sex, national origin, or physical handicap. The applicant shall cause the provisions of this nondiscrimination clause to be inserted in all subcontracts for any work covered by the grant award so that such provisions will be binding upon each subcontractor; and shall keep such records and submit such information concerning the racial and ethnic origin of employees and applicants for employment as the Board may require.6.3. The applicant shall require any contractors and/or subcontractors it engages on this project to comply with Titles VI and VII of the Civil Rights Act of 1964, as amended ( 42 U.S.C. 2000 e-2(a); et seq.); Presidential Executive Order 11246, as amended by EEOC Guidelines, 29 C.F.R. 1604.11(a)(1)(2)(3); Presidential Executive Order 11375; and the Unlawful Discriminatory Practices of the West Virginia Human Rights Act, as contained in W. Va. Code § 5-11-9.6.4. The applicant shall ensure that the contractor /or subcontractors has complied with the regulations issued by the Contractors Licensing Board pursuant to W. Va. Code § 21-11-1 et seq., regarding operating a contracting business in the state of West Virginia. The contractor and license number will be included in the final report.6.5. The applicant shall require compliance of this with the standards documented within Title III of the Americans With Disabilities Act of 1991, and its applicable regulations.6.6. Certification is required by the Drug-Free Workplace Act of 1988 and is implemented through additions to the Debarment and Suspension regulations published in the Federal Register on January 31, 1989. The certification form must be completed and accompany the grant application.6.7. The applicant shall insure that all personnel and contractors employed during this project work in an environment which is free from harassment in any form including, but not limited to, sexual, racial, age, or disability.