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b. During the performance of this Agreement, Consultant and its subconsultants shall
<br />not unlawfully discriminate, harass, or allow harassment against any employee or
<br />applicant for employment because of sex, race, color, ancestry, religious creed,
<br />national origin, physical disability (including HIV and AIDS), mental disability,
<br />medical condition (e.g., cancer), age (over 40), marital status, gender, gender
<br />identity, gender expression, sexual orientation, military or veteran status, and denial
<br />of family care leave. Consultant and subconsultants shall insure that the evaluation
<br />and treatment of their employees and applicants for employment are free from such
<br />discrimination and harassment.
<br />C. Consultant and subconsultants shall comply with the provisions of the Fair
<br />Employment and Housing Act (Gov. Code § 12990 (a-f) et seq.) and the applicable
<br />regulations promulgated thereunder (California Code of Regulations, Title 2,
<br />Section 7285 et seq.). The applicable regulations of the Fair Employment and
<br />Housing Commission implementing Government Code Section 12990 (a-f), set
<br />forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations,
<br />are incorporated into this Agreement by reference and made a part hereof as if set
<br />forth in full. Consultant and its subconsultants shall give written notice of their
<br />obligations under this clause to labor organizations with which they have a
<br />collective bargaining or other Agreement.
<br />d. The Consultant shall comply with regulations relative to Title VI
<br />(nondiscrimination in federally assisted programs of the Department of
<br />Transportation — Title 49 Code of Federal Regulations, Part 21 — Effectuation of
<br />Title VI of the 1964 Civil Rights Act). Title VI provides that the recipients of
<br />federal assistance will implement and maintain a policy of nondiscrimination in
<br />which no person in the state of California shall, on the basis of race, color, national
<br />origin, religion, sex, age, disability, be excluded from participation in, denied the
<br />benefits of or subject to discrimination under any program or activity by the
<br />recipients of federal assistance or their assignees and successors in interest.
<br />e. The Consultant, with regard to the work performed by it during the Agreement shall
<br />act in accordance with Title VI. Specifically, the Consultant shall not discriminate
<br />on the basis of race, color, national origin, religion, sex, age, or disability in the
<br />selection and retention of subconsultants, including procurement of materials and
<br />leases of equipment. The Consultant shall not participate either directly or
<br />indirectly in the discrimination prohibited by Section 21.5 of the U.S. DOT'S
<br />Regulations, including employment practices when the Agreement covers a
<br />program whose goal is employment.
<br />Consultant, subrecipient or subconsultant will never exclude any person from
<br />participation in, deny any person the benefits of, or otherwise discriminate against
<br />anyone in connection with the award and performance of any contract covered by
<br />40 Code of Federal Regulations Part 26 on the basis of race, color, sex or national
<br />origin. In administering the City components of the Disadvantaged Business
<br />Enterprises (DBE) Program Plan, Consultant, subreceipient or subconsultant will
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