US Laws, Codes, Statutes & Cases

 
    §  260.  Discrimination  prohibited.  1.  As  a  condition  to receive
  financing  pursuant  to  this  article  the  board  shall  require  such
  non-profit  racing  association  to  include  within  all  contracts for
  design,  construction,  services   and   materials   for   its   capital
  improvements of whatever nature and within all documents soliciting bids
  or proposals therefor reference to the following provisions:
    (a)   The  contractor  will  not  discriminate  against  employees  or
  applicants for  employment  because  of  race,  creed,  color,  national
  origin,  sex,  age, disability, or marital status, and will undertake or
  continue existing programs of affirmative action to insure that minority
  group persons  and  women  are  afforded  equal  employment  opportunity
  without discrimination. Such programs shall include, but not be limited,
  to   recruitment,  employment,  job  assignment,  promotion,  upgrading,
  demotion, transfer, layoff, termination, rates of pay or other forms  of
  compensation,  and  selections  for  training  or  retraining, including
  apprenticeship and on-the-job training.
    (b)  At  the  request  of  the  non-profit  racing  association,   the
  contractor  shall  request  each  employment  agency,  labor  union,  or
  authorized representative of workers with  which  it  has  a  collective
  bargaining  or other agreement or understanding and which is involved in
  the performance of the contract with the non-profit  racing  association
  to  furnish a written statement that such employment agency, labor union
  or representative shall not discriminate because of race, creed,  color,
  national origin, sex, age, disability or marital status.
    (c)  The contractor will state, in all solicitations or advertisements
  for  employees  placed  by  or  on  behalf  of  the  contractor  in  the
  performance  of the contract with the non-profit racing association that
  all qualified applicants will be afforded equal  employment  opportunity
  without  discrimination  because of race, creed, color, national origin,
  sex, age, disability or marital status.
    (d) The contractor will  include  the  provisions  of  paragraphs  (a)
  through  (c)  of this subdivision in every subcontract or purchase order
  in such a  manner  that  such  provisions  will  be  binding  upon  each
  subcontractor  or  vendor as to its work in connection with the contract
  with the non-profit racing association.
    2. The board shall establish procedures and guidelines to ensure  that
  contractors  and subcontractors undertake programs of affirmative action
  as required by this section. Such procedures may require the  submission
  of  compliance  reports  relating to the operation and implementation of
  any affirmative action program adopted hereunder.  Such  procedures  and
  guidelines  shall  be  consistent  with  the  regulations and procedures
  promulgated by the office of federal contract compliance programs of the
  United States department of labor  pursuant  to  presidential  executive
  order  eleven  thousand  two  hundred  forty-six,  as amended. The board
  shall, in the promulgation of procedures and guidelines pursuant to this
  section, cooperate with any federal, state or local  agency  established
  for the purpose of implementing affirmative action compliance programs.
    3.   The   non-profit   racing   association   shall  seek  meaningful
  participation in the performance of its  capital  projects  by  minority
  business  enterprises  and shall by resolution applicable to all capital
  improvements of the non-profit racing  association  of  whatever  nature
  establish  measures  so  as  to  facilitate the award of a fair share of
  contracts to such enterprises. For purposes  hereof,  minority  business
  enterprise  shall  mean  any  business  enterprise  which  is  at  least
  fifty-one per centum owned by, or  in  the  case  of  a  publicly  owned
  business,  at  least fifty-one per centum of the stock of which is owned
  by citizens or permanent resident aliens who are Black, Hispanic, Asian,
  American  Indian  or  women,  and  such  ownership  interest  is   real,
  substantial and continuing.
    The provisions of this subdivision shall not be construed to limit the
  ability of any minority business enterprise to bid on any contract.
    4.  In  the  implementation  of  this  section,  the non-profit racing
  association shall consider compliance by any contractor or subcontractor
  with the requirements of any federal, state,  or  local  law  concerning
  minority business enterprises or equal employment opportunity, which may
  effectuate  the  requirements  of this section. If the non-profit racing
  association  determines  that  by  virtue  of  the  imposition  of   the
  requirements  of  any  such  law,  in  respect  to  capital  improvement
  contracts, the provisions hereof duplicate or conflict  with  such  law,
  the  contracting  agency  may waive the applicability of this section to
  the extent of such duplication or conflict subject to the prior approval
  of the board.