ORS 279A.112
Requirement to certify that contractor has policy and practice of preventing sexual harassment, sexual assault and discrimination against employees who are members of protected class

  • required elements of certification
  • exceptions

(1)

As used in this section:

(a)

“Discrimination” means conduct that has the purpose or effect of creating employment conditions for an individual that are intimidating, hostile or offensive or that evince animosity, resentment, anger, prejudice or ill will in others primarily because of the individual’s identification with or membership in a protected class.

(b)

“Protected class” means a group of people that state or federal law protects from employment discrimination including, but not limited to, a group in which membership depends on an ascribed association or identification, or an individual’s voluntary association or identification with other individuals, on the basis of one or more of these characteristics:

(A)

Race, color or ethnicity;

(B)

National origin;

(C)

Sex;

(D)

Gender, including actual or perceived gender identity;

(E)

Sexual orientation;

(F)

Disability;

(G)

Age;

(H)

Marital status; or

(I)

Religion.

(c)

“Sexual assault” means any unwanted sexual contact, as defined in ORS 163.305 (Definitions).

(d)

“Sexual harassment” means:

(A)

A request or demand for sexual favors in an implicit or explicit exchange for an employment-related benefit or as a means of avoiding an employment-related detriment; or

(B)

Unwelcome conduct of a sexual nature that has the purpose or effect of interfering with a person’s ability to perform job duties or that creates an intimidating, offensive or hostile work environment.

(2)

Intentionally left blank —Ed.

(a)

Except as provided in subsection (4) of this section, a state contracting agency may not enter into a public contract with an anticipated contract price of $150,000 or more with a prospective contractor that does not certify in a signed writing that the prospective contractor has a policy and practice of preventing sexual harassment, sexual assault and discrimination against employees who are members of a protected class.

(b)

A prospective contractor may not certify under paragraph (a) of this subsection that the prospective contractor has a policy and practice of preventing sexual harassment, sexual assault or discrimination against employees who are members of a protected class unless the policy and practice includes, at a minimum:

(A)

A written notice to each employee that clearly prohibits and specifies disciplinary measures for conduct that constitutes sexual harassment, sexual assault or discrimination against a member of a protected class.

(B)

A clear process that:
(i)
Enables an employee that experiences or witnesses conduct that constitutes sexual harassment, sexual assault or discrimination against a member of a protected class to report and stop the conduct; and
(ii)
Guides the prospective contractor in responding to a report under sub-subparagraph (i) of this subparagraph, resolving the issues identified in the report and disciplining employees who engage in prohibited conduct.

(C)

A regular written procedure for submitting a report under subparagraph (B)(i) of this paragraph that identifies the specific individuals to whom an employee may submit the report and the individuals who have responsibility for resolving issues identified in the report.

(D)

A practice of treating as confidential, to the extent permitted by law, any report that an employee makes under subparagraph (B)(i) of this paragraph.

(E)

A prohibition against retaliating against an employee who experiences or witnesses, and reports, conduct that constitutes sexual harassment, sexual assault or discrimination against a member of a protected class.

(F)

A prohibition against discrimination in providing benefits to an employee or a dependent of the employee based on the employee’s membership in a protected class or the membership of the employee’s dependent in a protected class.

(G)

A prohibition on denying benefits to an employee or a dependent of the employee based solely on the employee’s gender identity or the gender identity of the employee’s dependent, if the prospective contractor provides health insurance or health care benefits.

(c)

A prospective contractor may provide the written notice described in paragraph (b)(A) of this subsection by means of a printed or electronic employee handbook. The Oregon Department of Administrative Services may develop and make available on the department’s website an electronic template to guide prospective contractors in meeting the notice requirements set forth in paragraph (b)(A) of this subsection and may provide other guidance to prospective contractors in meeting the requirements set forth in paragraph (b) of this subsection.

(3)

Every public contract described in subsection (2)(a) of this section that a state contracting agency awards must require as a material term of the public contract that a contractor certify that the contractor has a policy and practice that meets the requirements described in subsection (2) of this section and will maintain the policy and practice in force during the entire term of the public contract.

(4)

A state contracting agency may enter into a public contract described in subsection (2)(a) of this section with a prospective contractor that has not provided the certification described in subsection (2) of this section if:

(a)

The state contracting agency conducted the procurement under ORS 279B.075 (Sole-source procurements), 279B.080 (Emergency procurements) or 279B.085 (Special procurements); or

(b)

Only one prospective contractor submitted a bid or proposal in response to the state contracting agency’s solicitation. [2017 c.212 §2]

Source: Section 279A.112 — Requirement to certify that contractor has policy and practice of preventing sexual harassment, sexual assault and discrimination against employees who are members of protected class; required elements of certification; exceptions, https://www.­oregonlegislature.­gov/bills_laws/ors/ors279A.­html.

279A.005
Short title
279A.010
Definitions for Public Contracting Code
279A.015
Policy
279A.020
Organization of Public Contracting Code
279A.025
Application of Public Contracting Code
279A.030
Federal law prevails in case of conflict
279A.050
Procurement authority
279A.055
Personal services contracts
279A.060
Local contract review boards
279A.065
Model rules generally
279A.070
Rules
279A.075
Delegation
279A.100
Affirmative action
279A.105
Subcontracting to emerging small businesses or businesses that service-disabled veterans own
279A.107
Certification as disadvantaged business enterprise, minority-owned business, woman-owned business, business that service-disabled veteran owns or emerging small business during term of public contract
279A.110
Discrimination in subcontracting prohibited
279A.112
Requirement to certify that contractor has policy and practice of preventing sexual harassment, sexual assault and discrimination against employees who are members of protected class
279A.120
Preference for Oregon goods and services
279A.125
Preference for recycled materials
279A.128
Preference for goods fabricated or processed within state or services performed within state
279A.130
Preference for exceeding Buy America requirements for transit projects
279A.140
State procurement of goods and services
279A.142
Limitation of competition
279A.145
Recycled product purchasing information
279A.150
Procurement of goods containing recycled polyethylene material
279A.155
State procurement of paper
279A.157
State contracting agency use of contract form, contract template or solicitation template
279A.159
Education and training or experience requirements for persons that conduct procurements or administer contracts for state contracting agencies
279A.161
Review and verification of advice and recommendations concerning procurements
279A.165
Report concerning special procurements
279A.167
Certification program for training in pay equity provisions of state law
279A.180
Purchases through federal programs
279A.185
Local contracting agency arrangements for use or disposition of personal property authorized
279A.190
Transfers of fire protection equipment between fire departments
279A.200
Definitions for ORS 279A.200 to 279A.225
279A.205
Cooperative procurements authorized
279A.210
Joint cooperative procurements
279A.215
Permissive cooperative procurements
279A.220
Interstate cooperative procurements
279A.225
Protests and disputes
279A.250
Definitions for ORS 279A.250 to 279A.290
279A.255
Inspection, appraisal and inventory of state property
279A.260
Powers and duties of department
279A.265
Use of Oregon Department of Administrative Services Operating Fund
279A.270
Contracts with federal government for accepting gifts and acquiring surplus property
279A.275
Leasing of state property
279A.280
Disposal of surplus property
279A.285
Disposition of moneys received as payment for repair or replacement of damaged, destroyed, lost or stolen property
279A.290
Miscellaneous receipts accounts
279A.800
Consideration of whether bidder or proposer owes liquidated and delinquent debt to state
279A.803
Requirements for qualified projects funded with moneys from American Rescue Plan Act of 2021
279A.990
Penalties
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