Coverage The Fair Employment Practice Act. The act covers any employer, exclud ing domestic workers and social and religious associations, employment agencies and labor unions. The term "employer" is not defined therein so as to include the state or the political subdivisions thereof. Unfair Employment Practices Discrimination by reason of race, religion, color, national origin or ancestry is made an unlawful labor practice. Enforcement The act is administered by the Department of Labor which is empowered to investigate any complaint filed under the act; to endeavor to eliminate any unfair practice by conciliation; to hold hearings, if necessary; and to issue cease and desist orders. Ju dicial review is provided. Violation of the act is a misdemeanor. against an individual because of his race, religion, color and ancestry. Coverage Public contractor means any person engaged in the state in the furnishing of goods or services to a public employer pursuant to a written contract calling for the expenditure of public funds in an amount exceeding one thousand dollars. Public employer means the state, a county, city, town, municipal corporation, school district, public educational institution or political subdivision, agency, for a public employer, or public contractor in connection with the performance of work under a contract with a public employer: to refuse to employ, to discharge, or to discriminate against an individual with respect to hiring, tenure, advancement, compensation or other terms of employment because of his national origin; to use advertisement relating to employment indicating a discrimination based on national origin; to utilize an employment agency which so discriminates; to penalize an individual who has opposed any practice forbidden by this article, or one who has made a charge under this article; to abet the doing of an act forbidden by this article. contract Requirement of non-discrimination clause in Contracts negotiated between public contractors and public employers shall contain a contractual provision to this effect. The contractor agrees to post notices setting forth the provisions of the non-discrimination clause. Extension to subcontracts The contractor is to agree to insert the non-discrimination provisions in all subcontracts, except subcontracts for standard com mercial supplies or raw materials. Enforcement Any violation of such provision constitutes a material breach of the contract. A violator is guilty of a misdemeanor punishable by a fine of not Discrimination in employment because of race, color, or on public works because of the race, color or religion of such persons. Coverage Public works means: construction, alteration, demolition or repair work done under contract and paid for in whole or in part out of public funds, except work done by a public utility; work done for irrigation, utility, reclamation and improvement districts, and other districts of this type; street, sewer or other improvement work done under any officer of a public body of the State, or of any political subdivision thereof. $1720. Political subdivision includes any county, city, district, township, public housing authority, or public agency of the state, and assessment or improvement districts. 1721. Unfair Employment Practices Discrimination in the employment of persons upon public works because of the race, color or religion of such persons is proscribed. It is unlawful for an employer or a labor union to refuse to accept otherwise qualified employees as indentured apprentices on any public works, solely on the ground of the race, creed, or color of such employee. $1777.6. Requirement of a non-discrimination clause The statutory enactment does not require the inclusion of a non-discrimination clause in contracts for public works. Enforcement Every contractor for public works violating this section is subject to all the penalities imposed for a violation of this chapter, $81720-1735. |