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(a) Nondiscrimination. In accordance with Title VI of the Civil Rights Act, as amended, 42 U.S.C. §
2000d, Section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, Section 202
of the Americans With Disabilities Act of 1990, 42 U.S.C. § 12132, and Federal transit law at 49 U.S.C. §
5332, the Applicant agrees that it will not discriminate against any employee or applicant for employment
because of race, color, creed, national origin, sex, age or disability. In addition, the Applicant agrees to
comply with applicable Federal implementing regulations and other implementing requirements FTA may
issue.
(b) Equal Employment Opportunity. The following equal employment opportunity requirements apply to
the Applicant:
(i) Race, Color, Creed, National Origin, Sex. In accordance with Title VII of the Civil Rights Act, as
amended, 42 U.S.C. § 2000e, and Federal transit laws at 49 U.S.C. § 5332, the Applicant agrees to
comply with all applicable equal employment opportunity requirements of U.S. Department of Labor (U.S.
DOL) regulations, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity,
Department of Labor,” 41 C.F.R. Parts 60 et. seq., (which implement Executive Order 11246, “Equal
Employment Opportunity,” as amended by Executive Order No. 11375, “Amending Executive Order
11246 Relating to Equal Employment Opportunity,”42 U.S.C. § 2000e note), and with any applicable
Federal statutes, executive orders, regulations, and Federal policies that may in the future affect
construction activities undertaken in the course of the project. The Applicant agrees to take affirmative
action to ensure that applicants are employed, and that employees are treated during employment,
without regard to their race, color, creed, national origin, sex, or age. 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. In addition, the Applicant agrees to comply with any implementing
requirements FTA may issue.
(ii) Age. In accordance with Section 4 of the Age Discrimination in Employment Act of 1967, as amended,
29 U.S.C. §§ 623 and Federal transit law at 49 U.S.C. § 5332, the Applicant agrees to refrain from
discrimination against present and prospective employees for reason of age. In addition, the Applicant
agrees to comply with any implementing requirements FTA may issue.
(iii) Disabilities. In accordance with Section 102 of the Americans With Disabilities Act, as amended, 42
U.S.C. § 12112, the Applicant agrees that it will comply with the requirements of U.S. Equal Employment
Opportunity Commission, “Regulations to Implement the Equal Employment Provisions of the Americans
With Disabilities Act,” 29 C.F.R. Part 1630, pertaining to employment of persons with disabilities. In
addition, the Applicant agrees to comply with any implementing requirements FTA may issue.
(iv) The Applicant hereby agrees that it will comply with Title VI of the Civil Rights Act of 1964 (P.L. 88-
352) and all requirements imposed by the U.S. Department of Transportation, to the end that, in
accordance with Title VI of the Act, no persons in the United States shall, on the grounds of race, color,
creed, national origin, sex or age be excluded from participation in, be denied the benefits of, or be
otherwise subjected to discrimination under any program or activity for which the Applicant received
Federal financial assistance from the Department under Federal Transit Administration Programs; and
HEREBY GIVES ASSURANCE THAT it will immediately take any measures to effectuate this agreement.
If any real property or structure thereon is provided or improved with the aid of Federal financial
assistance extended to the Applicant by the Department under Federal Transit Administration Programs,
this certification shall obligate the Applicant, or in the case of any transfer of such property, any
transferee, for the period during which the real property or structure is used for a purpose for which the
Federal financial assistance is extended or for another purpose involving the provision of similar services
or benefits. If any personal property is so provided this certification shall obligate the Applicant for the
period during which it retains ownership or possession of the property. In all other cases, this certification
shall obligate the Applicant for the period during which the Federal financial assistance is extended to it
by the Department under Federal Transit Administration Programs.