§ 325-9. Equal Employment Opportunity Clause.

(a)

For purposes of this section 325-9, "contract" shall mean all written agreements between the city and another party, whereby the city expends or receives funds in excess of $5,000 to:

(1)

Employ such party for the construction of any public improvements; or

(2)

Purchase services; or

(3)

Lease any real or personal property to or from such other party.

"Contract" does not include written agreements between the city and another party whereby:

(1)

Real or personal property is purchased by or from the city;

(2)

The city agrees to provide services to another party;

(3)

The city contracts with another governmental agency; or

(4)

The city enters a contract for commodities, such as utility services.

(b)

For purposes of this section, "contractor" shall mean a party that enters into a contract or lease with the city or performs any work under such contract.

(c)

"Gender identity" shall mean the gender-related identity, appearance, or mannerisms or other gender-related characteristics of an individual, with or without regard to the individual's designated sex at birth.

(d)

Except where prohibited by federal, state, or local law or the terms of federal or state grants, the Equal Employment Opportunity (EEO) clause is required to be included or incorporated by reference in all city contracts, and shall read as follows:

"This Contract is subject to the City of Cincinnati's Equal Employment Opportunity Program contained in Chapter 325 of the Cincinnati Municipal Code. During the term of this Contract, the Contractor agrees as follows:

(a)

The Contractor shall not discriminate against any employee, or applicant for employment, because of race, religion, color, sex, sexual orientation, gender identity, or national origin. As used here, the words 'shall not discriminate' applies without limitation to the following:

(1)

Recruitment, whether by advertising or other means;

(2)

Compensation, whether in the form of rates of pay, or other forms of compensation;

(3)

Selection for training, including apprenticeship;

(4)

Promotion; upgrading; demotion; downgrading; transfer; laying off; and termination.

(b)

The Contractor agrees to and shall post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officers setting forth the provisions of the EEO clause.

(c)

The Contractor shall, in all solicitations or advertisements for employees, placed by or on behalf of the contractor, state that qualified applicants will receive consideration for employment without regard to race, religion, color, sex, sexual orientation, gender identity, or national origin.

(d)

The Contractor shall furnish all information and reports required by the contract compliance officer pursuant to this chapter, and shall permit access to the books, records, and accounts of the Contractor during normal business hours by the contract compliance officer for the purpose of investigation so as to ascertain compliance with the program.

(e)

The Contractor shall take such action with respect to any subcontractor as the city may direct as a means of enforcing the provisions herein, including penalties and sanctions for noncompliance; provided, however, that in the event the contractor becomes involved in or is threatened with litigation as a result of such direction by the city, the city may enter into such litigation as is necessary to protect the interest of the city and to effectuate the Equal Employment Opportunity Program of the city; and, in the case of contracts receiving federal assistance, the contractor or the city may request the United States to enter into such litigation to protect the interests of the United States.

(f)

The Contractor shall file compliance reports at reasonable times and intervals with the city in the form and to the extent prescribed by the contract compliance officer. Compliance reports filed shall contain information as to employment practices, policies, programs, and statistics of the contractor.

(g)

The Contractor shall include the provisions of this equal employment opportunity clause in every subcontract, sublease, or purchase order so that such provisions will be binding upon each subcontractor, sublessee, or vendor.

(h)

A finding, as hereinafter provided, that a refusal by the Contractor to comply with any portion of this Equal Employment Opportunity Program, may subject the offending party to any or all of the following penalties:

(1)

Refusal of all future bids or proposals for any contract with the city or its boards or commissions until such time as the Contractor demonstrates that there has been established and there shall be carried out all of the provisions of the program as provided in this chapter;

(2)

Cancellation of the contract;

(3)

In a case in which there is substantial or a material violation of the compliance procedures herein set forth or as may be provided for by the contract, appropriate proceedings may be brought to enforce those provisions, including the enjoining, within applicable law, of contractors, subcontractors or other organizations, individuals or groups who prevent or seek to prevent directly or indirectly compliance with the policy as herein provided."

(The terms "Contract" and "Contractor" in this EEO clause may be replaced with similar terms used in a contract and the paragraphs may be lettered or numbered similar to those in a contract.)

(Ord. No. 331-1999, eff. Aug. 4, 1999; Ord. No. 235-2013, § 5, eff. Sept. 7, 2013)

Cross reference

Penalty, § 325-99.