Sec. 12½-23. Equal employment opportunity clause.
All public contracts hereinafter entered into by the city shall incorporate an equal employment opportunity clause, which shall read as follows:
"During the performance of this contract, the contractor agrees:
(a) To comply with all provisions of Executive Order 11246, Executive Order 11375, and Executive Order 12138, the Connecticut Fair Employment Practices Act, and the contract compliance ordinance of the city as all are amended from time to time, including all standards and regulations which are promulgated by the government authorities who established such acts and requirements, and all standards and regulations are incorporated herein by reference;
(b) Not to discriminate against any employee or applicant for employment because of race, color, religion, age, sex, gender identity or expression, sexual orientation, physical disability or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to race, color, religion, sex, gender identity or expression, sexual orientation, age, national origin, or physical disability. Such action shall include but not be limited to the following: employment, upgrading, demotion, or transfer, recruitment or recruitment advertising, layoff, or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship;
Sec. 12½-24. Contract compliance requirements.
(a) All notices to prospective bidders published on behalf of the city shall include, as part of the contract specifications, the conditions that all bidders must be required to comply with the New Haven contract compliance program regarding equal employment opportunity. All reports required herein shall be submitted in duplicate to the agency letting the contract. Each bidder shall file, as part of bid documents, contract employment records with the city contracting agency or as may be directed by the contract compliance director, such employment and subcontracting practices, policies, programs and statistics of the contractor; and shall be in such form as the contract compliance director may prescribe. Subcontractors shall also submit such contract employment and subcontracting reports to the city before approval by the city as subcontractor.
(b) Suppliers, vendors and services shall provide an equal opportunity assurance and/or an affirmative action plan which is acceptable to the director of contract compliance.
(c) All firms doing business with the city shall utilize city sponsored recruitment and training programs to the most feasible extent in order to ensure the hiring of qualifiable minority, women and physically disabled employees, trainees and apprentices.
(d) Any firm which fails to meet compliance requirements as set by the contract compliance director and has failed to furnish evidence of meaningful contact with department of labor sponsored or other recognized sources of minority, women and physically disabled employees shall be deemed in noncompliance with the contract compliance program.
(e) Failure of a contractor, or major subcontractor, to file forms prescribed by the contract compliance director shall be cause for determination of noncompliance with the terms of this article.
(f) A contractor who refuses to agree to and comply with an affirmative action plan designed to effectuate the purpose of this article is precluded from being a "responsible bidder" as that term is used in the City Charter.
(g) Any subcontractor who refuses to agree to or comply with an affirmative action plan designed to effectuate the purpose of this article shall be rejected as a subcontractor by the contracting agency involved
Commisssion Establish requirements which outline specified percentages of minority and women apprentices.
By Law, Every Contractor Working on a City Construction Project Must:
- Pay a specified minimum wage per funding source of the project i.e. (City, State, or Federal funding);
- Minimum hiring Requirements for minorities, women and apprenticeships:
- 25 % of total work hours to minorities; and
- 6.9% of total work hours to women.
- 15% of workforce of all contractors for construction project must utilize apprenticeable trades or occupations in the trade or occupation represented in its workforce by trade employed by contractor and
- 50% shall be in the 1st year of apprenticeship training
3. Section 3 Final Rule for Federally funded Projects. Section 3 workers must perform:
- 25 % of all labor hours.
- 05% of all labor hours targeted Section 3 workers.
- The purpose of Section 3 of the Housing and Urban Development Act of 1968 (Section 3), as amended (12 U.S.C. 1701u), is to ensure that employment and other economic opportunities generated by certain Federal financial assistance for housing and community development programs are, to the greatest extent feasible, directed towards low-and very low-income persons, particularly those who are recipients of government assistance for housing and consistent with existing Federal, State, and local laws and regulations
- Section 3 Final Rule 24 CFR 75.5
Defining a Section 3 Worker
A Section 3 worker is any worker who currently fits, or when hired within the past five years fits, at least one of the following categories, as documented:
- A low or very low-income worker
- Employed by a Section 3 Business concern
- A Youth Build participant
Targeted Section 3 Worker is:
- Employed by a Section 3 business concern
- Currently fits or, when hired fits at least one of the following categories as documented within the past five years:
- Living within the service area or the neighborhood of the project, as defined in 24 CFR 75.5
- A Youth Build participant