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Version 6-8-2017
<br />O. Non -Discrimination.
<br />This Contract is enacted pursuant to the Indiana Civil Rights Law, specifically including IC
<br />22-9-1-10, and in keeping with the purposes of the Civil Rights Act of 1964 as amended, the
<br />Age Discrimination in Employment Act, and the Americans with Disabilities Act. Breach of
<br />this covenant may be regarded as a material breach of this Contract, but nothing in this covenant
<br />shall be construed to imply or establish an employment relationship between the State and any
<br />applicant or employee of the LPA or any subcontractor.
<br />Under IC 22-9-1-10 LPA covenants that it shall not discriminate against any employee or
<br />applicant for employment relating to this Contract with respect to the hire, tenure, terms,
<br />conditions or privileges of employment or any matter directly or indirectly related to
<br />employment, because of the employee's or applicant's race, color, national origin, religion,
<br />sex, age, disability, ancestry, or status as a veteran.
<br />2. The LPA understands that INDOT is a recipient of federal funds. Pursuant to that
<br />understanding, the LPA agrees that if the LPA employs fifty (50) or more employees and does
<br />at least $50,000.00 worth of business with the State and is not exempt, the LPA will comply
<br />with the affirmative action reporting requirements of 41 CFR 60-1.7. The LPA shall comply
<br />with Section 202 of executive order 11246, as amended, 41 CFR 60-250, and 41 CFR 60-741,
<br />as amended, which are incorporated herein by specific reference. Breach of this covenant may
<br />be regarded as a material breach of Contract.
<br />It is the policy of INDOT to assure full compliance with Title VI of the Civil Rights Act of
<br />1964, the Americans with Disabilities Act and Section 504 of the Vocational Rehabilitation
<br />Act and related statutes and regulations in all programs and activities. Title VI and related
<br />statutes require that no person in the United States shall on the grounds of race, color or national
<br />origin be excluded from participation in, be denied the benefits of, or be subjected to
<br />discrimination under any program or activity receiving Federal financial assistance. (INDOT's
<br />nondiscrimination enforcement is broader than the language of Title VI and encompasses other
<br />State and Federal protections. INDOT's nondiscrimination enforcement shall include the
<br />following additional grounds: sex, sexual orientation, gender identity, ancestry, age, income
<br />status, religion, disability, income status, limited English proficiency, or status as a veteran).
<br />During the performance of this Contract, the LPA, for itself, its assignees and successors in
<br />interest (hereinafter referred to as the "LPA") agrees to the following assurances under Title
<br />VI of the Civil Rights Act of 1964:
<br />a. Compliance with Regglations: The LPA shall comply with the regulations relative to
<br />nondiscrimination in Federally -assisted programs of the Department of Transportation,
<br />Title 49 CFR Part 21, as they may be amended from time to time (hereinafter referred to
<br />as the Regulations), which are herein incorporated by reference and made a part of this
<br />Contract.
<br />Nondiscrimination: The LPA, with regard to the work performed by it during the
<br />Contract, shall not discriminate on the grounds of race, color, sex, sexual orientation,
<br />gender identity, national origin, religion, disability, ancestry, or status as a veteran in the
<br />selection and retention of subcontractors, including procurements of materials and leases
<br />of equipment. The LPA shall not participate either directly or indirectly in the
<br />discrimination prohibited by section 21.5 of the Regulation, including employment
<br />practices when the Contract covers a program set forth in Appendix B of the Regulations.
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