CHAPTER 370

FORMERLY SENATE BILL

NO. 266 AS AMENDED BY

HOUSE AMENDMENT NOS. 1 & 2

AN ACT TO AMEND TITLE 29, DELAWARE CODE, CHAPTER 69, RELATING TO PROCUREMENT OF MATERIEL AND AWARD OF CONTRACTS FOR PUBLIC WORKS BY STATE AGENCIES BY REQUIRING THAT ALL CONTRACTORS PROVIDE EQUALITY OF EMPLOYMENT OPPORTUNITIES FOR ALL EMPLOYEES AND JOB APPLICANTS.

WHEREAS, by Subchapter 11, Chapter 7, Title 19 and Chapter 45, Title 6, Delaware Code, the State of Delaware prohibits discrimination in employment and in the use of State services and facilities by reason of race, creed, color, sex or national origin; and

WHEREAS, discrimination in employment can prevent the gainful employment of large numbers of the citizens of this State and thereby impose added burdens upon the public for relief and welfare by reason of unemployment or underemployment by denial of equal access to available employment opportunities; and

WHEREAS, in the conduct of its affairs, it is incumbent upon, the State Government to be the leader in honoring and fulfilling the principles and provisions of law which the General Assembly has established as the basic policies of this State.

NOW, THEREFORE,

Be it enacted by the General Assembly of the State of Delaware:

Section 1. Title 29, Delaware Code, Chapter 69, is amended by adding thereto a new subsection:

§ 6921. Equality of employment opportunity on public works

(a) As a condition to the awarding of any contract for public works financed in whole or in part by appropriation of the State of Delaware all State contracting agencies shall include in every contract hereinafter entered into the following provisions:

"During the performance of this contract, the contractor agrees as follows:

(i) The contractor will not discriminate against any employee or applicant for employment because of race, creed, color, sex, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, creed, color, sex, or national origin. Such action shall include, but not be limited, to the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or: termination; rates of pay or other forms of compensation; and selection for training; including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting agency setting forth the provisions of this nondiscrimination clause.

(ii) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, creed, color, sex, or national origin."

(b) The term "contract for public works" means construction, reconstruction, demolition, alteration and/or repair work, maintenance work, and paid for in whole or in part out of the funds of a public body except work performed under a vocational rehabilitation program. The manufacture or finishing of materials, articles, supplies or equipment is not a public work within the meaning of this subsection unless conducted in connection with and at the site of the public work.

(c) The Secretary of the Department of Labor shall be responsible for the administration of this subsection and shall adopt such rules and regulations and issue such orders as he deems necessary to achieve the purposes thereof. Provided that no requirement established hereby shall be in conflict with the provisions of § 6915 of this chapter.

enactment, but shall not affect any contract then existing or any contract that may thereafter be entered into pursuant to invitations for bids that are outstanding at the time of the enactment of this Act.

Approved April 17, 1972.