CALIFORNIA, STATE OF DEPARTMENT OF TRANSPORTATION 1997

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• • EXHIBIT A FAIR EMPLOYMENT PRACTICES ADDENDUM 1. hi the performance of this Agreement,ADMINISTERING AGENCY will not discriminate against any employee for employment because of race, color,sex,religion,ancestry or national origin. ADMINISTERING AGENCY will take affirmative action to ensure that employees are treated during employment,without regard to their race,sex, actual or perceived sexual orientation,color, religion, ancestry, or national origin. 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. ADMINISTERING AGENCY shall post in conspicuous places,available to employees for employment,notices to be provided by STATE setting forth the provisions of this Fair Employment section. 2. ADMINISTERING AGENCY will permit access to the records of employment, employment advertisements,application forms, and other pertinent data and records by STATE, the State Fair Employment and Housing Commission,or any other agency of the State of California designated by STATE,for the purposes of investigation to ascertain compliance with the Fair Employment section of this Agreement. 3. Remedies for Willful Violation: (a) STATE may determine a willful violation of the Fair Employment provision to have occurred upon receipt of a final judgment to that effect from a court in an action to which ADMINISTERING AGENCY was a party, or upon receipt of a written notice from the Fair Employment and Housing Commission that it has investigated and determined that ADMINISTERING AGENCY has violated the Fair Employ- ment Practices Act and had issued an order under Labor Code Section 1426 which has become final or has obtained an injunction under Labor Code Section 1429. (b) For willful violation of this Fair Employment Provision,STATE shall have the right to terminate this Agreement either in whole or in part,and any loss or damage sustained by STATE in securing the goods or services thereunder shall be borne and paid for by ADMINISTERING AGENCY and by the surety under the performance bond, if any, and STATE may deduct from any moneys due or thereafter may become due to ADMINISTERING AGENCY,the difference between the price named in the Agreement and the actual cost thereof to STATE to cure ADMINISTERING AGENCY's breach of this Agreement. 9 11/29/95