§ 10A-122. Nondiscrimination.

(a)

No contract may be awarded to any contractor unless the contract contains provisions obligating the contractor not to discriminate in any manner against any employee or applicant for employment because of sex, race, creed, color, age, mental or physical handicap, sexual orientation, or national origin and obligating the contractor to include a similar clause in all subcontracts.

(b)

If the nondiscrimination clause is omitted from a contract or subcontract subject to this Section, the County 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.

(c)

If the contractor willfully fails to comply with the requirements of the nondiscrimination clause and the contract is partly executory, the County may compel the contractor to continue to perform under the contract, but the County:

(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 became due under item (1) of this Section.

(d)

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.

(e)

Any person, including an employee or prospective employee, who has information about a violation of this Section or a nondiscrimination clause may inform the Human Relations Commission. The Human Relations Commission shall cause an immediate investigation of the charge, and, if it concludes that the charges are true, may invoke any remedy available by law.

(CB-1-1992)