§ 13-219. Required clauses -- Nondiscrimination clause

   (a) Scope of section. -- This section is broadly applicable to all procurements by the State.

(b) In general. -- Each contract for procurement shall include a nondiscrimination clause as provided in this section.

(c) Content. -- The nondiscrimination clause shall:

   (1) prohibit discrimination in any manner by the contractor against an employee or applicant for employment because of sex, race, age, color, creed, or national origin;

   (2) require the contractor to include a similar clause in every subcontract except a subcontract for standard commercial supplies or raw materials; and

   (3) require each contractor and subcontractor subject to this clause to post conspicuously a notice that sets forth the provisions of the clause in a place that is available to employees and applicants for employment.

(d) Omission of clause. -- If the nondiscrimination clause is omitted from a contract or subcontract subject to this section, the State may declare the contract to be void. In that event, the contractor is entitled to the reasonable value of work that has been performed and materials that have been provided.

(e) Willful failure to comply -- Contractors. -- If a contractor willfully fails to comply with the requirements of the nondiscrimination clause and the contract is partly executory, the State may compel the contractor to continue to perform under the contract, but the State:

   (1) is liable for no more than the reasonable value of work performed and materials provided after the date on which the breach of contract was or should have been discovered; and

   (2) shall deduct any money that has been paid under the contract from the money that becomes due under item (1) of this subsection.

(f) Willful failure to comply -- Subcontractors. -- If a subcontractor willfully fails to comply with the requirements of a nondiscrimination clause, the contractor may void the subcontract. In that event, the contractor is liable for no more than the reasonable value of work performed or materials provided.

(g) Board action. --

   (1) Any person, including an employee or prospective employee, who has information about a violation of this section or a nondiscrimination clause may inform the Board.

   (2) The Board:

      (i) shall cause an immediate investigation of the charge; and

      (ii) if it concludes that the charge is true, may invoke any remedy available by law.

HISTORY: SF § 11-201, 11-209; 1988, ch. 48, § 2; ch. 265, § 2.