§ 4.28.020. Affidavit of compliance—Contract requirements.

A.

The purchasing agent of the metropolitan government shall include in all bid specifications or invitations to bid a provision to the effect that no contract shall be entered into for building and construction projects or supplies or services unless the successful bidder submits an affidavit to the metropolitan government stating that by his employment policy, standards and practices he does not subscribe to any personnel policy which permits or allows for the promotion, demotion, employment, dismissal or laying off of any individual due to race, creed, color, national origin, age, sex, gender identity, or sexual orientation, and that he is not in violation of and will not violate any applicable laws concerning the employment of individuals with disabilities.

B.

The purchasing agent, or other agency of the metropolitan government under whose jurisdiction such work is to be performed, shall include in the specifications to bidders or in the invitations to bid, a clause prohibiting the successful bidder from discriminating against any individual due to his/her race, creed, color, national origin, age, sex, gender identity, or sexual orientation, and from violating applicable laws concerning the employment of individuals with disabilities.

C.

The foregoing requirements of this section pertaining to employment discrimination on the basis of sexual orientation or gender identity shall not apply to the following:

1.

Any person employing fewer than fifteen individuals;

2.

Religious entities, organizations, or institutions where employment discrimination on the basis of sexual orientation or gender identity is in furtherance of the organization's religious mission or beliefs, as such prohibition is not intended to interfere with the free exercise of religion guaranteed by the U.S. Constitution; or

3.

Any group or organization where the application of such provisions would significantly burden the expression of the group or organization, as such prohibition is not intended to interfere with the freedom of expressive association guaranteed by the U.S. Constitution.

(Amdt. 1 to Ord. BL2011-838 § 1, 2011; Ord. BL2011-838 § 1, 2011; Ord. 92-416 § 1(c, d), 1992; Ord. 92-210 § 1 (7-102), 1992)