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composed in whole or in part of non-ferrous metals such as aluminum; plastics and <br />polymer -based products such as polyvinyl chloride pipe; aggregates such as concrete; <br />glass, including optical fiber; and lumber. <br />V. Equal Employment in Construction Contracts - Pursuant to Equal <br />Employment Opportunity requirements of 41 C.F.R. 60-1.4(b) in accordance with <br />Executive Order 11246 as amended by Executive Order No. 11375, as to any <br />construction contract thereunder, if applicable, during the performance of this contract, <br />the contractor agrees as follows: <br />(1) The contractor will not discriminate against any employee or applicant for <br />employment because of race, color, religion, sex, sexual orientation, gender <br />identity, or national origin. The contractor will take affirmative action to ensure <br />that applicants are employed, and that employees are treated during <br />employment without regard to their race, color, religion, sex, sexual orientation, <br />gender identity, or national origin. Such action shall include, but not be limited <br />to the following: <br />Employment, upgrading, demotion, or transfer; recruitment or <br />recruitment advertising; layoff or termination; rates of pay or other <br />forms of compensation; and selection for training, including <br />apprenticeship. The contractor agrees to post in conspicuous <br />places, available to employees and applicants for employment, <br />notices to be provided setting forth the provisions of this <br />nondiscrimination clause. <br />(2) The contractor will, in all solicitations or advertisements for employees placed <br />by or on behalf of the contractor, state that all qualified applicants will receive <br />consideration for employment without regard to race, color, religion, sex, sexual <br />orientation, gender identity, or national origin. <br />(3) The contractor will not discharge or in any other manner discriminate against <br />any employee or applicant for employment because such employee or <br />applicant has inquired about, discussed, or disclosed the compensation of the <br />employee or applicant or another employee or applicant. This provision shall <br />not apply to instances in which an employee who has access to the <br />compensation information of other employees or applicants as a part of such <br />employee's essential job functions discloses the compensation of such other <br />employees or applicants to individuals who do not otherwise have access to <br />such information, unless such disclosure is in response to a formal complaint <br />or charge, in furtherance of an investigation, proceeding, hearing, or action, <br />including an investigation conducted by the employer, or is consistent with the <br />contractor's legal duty to furnish information. <br />(4) The contractor will send to each labor union or representative of workers with <br />which he has a collective bargaining agreement or other contract or <br />City of Santa Ana Purchasing Division Exhibit I, Page 5 of 6 <br />