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c. Equal Employment Opportunity. The Contractor agrees to comply, and <br />assures the compliance of each third party contractor at any tier of the Project and each <br />subrecipient at any tier of the Project, with all equal employment opportunity (EEO) provisions of <br />49 U.S.C. § 5332, with Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e, <br />and implementing Federal regulations and any subsequent amendments thereto. Accordingly: <br />(1) General. The Contractor agrees that it will not discriminate against any <br />employee or applicant for employment because of race, color, creed, sex, disability, age, or <br />national origin. The Contractor agrees to take affirmative action to ensure that applicants are <br />employed and that employees are treated during employment without regard to their race, color, <br />creed, sex, disability, age, or national origin. Such action shall include, but not be limited to, <br />employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or <br />termination; rates of pay or other forms of compensation; and selection for training, including <br />apprenticeship. <br />(2) Equal Employment Opportunity Requirements for Construction <br />Activities. For activities determined by the U.S. Department of Labor (U.S. DOL) to qualify as <br />"construction," the Contractor agrees to comply and assures the compliance of each third party <br />contractor at any tier or subrecipient at any tier of the Project, with all applicable equal <br />employment opportunity requirements of U.S. DOL regulations, "Office of Federal Contract <br />Compliance Programs, Equal Employment Opportunity, Department of Labor," 41 C.F.R. Parts <br />60 et seq., which implement Executive Order No. 11246, "Equal Employment Opportunity," as <br />amended by Executive Order No. 11375, "Amending Executive Order No. 11246 Relating to <br />Equal Employment Opportunity," 42 U.S.C. § 2000(e) note, and also with any Federal laws, <br />regulations, and directives affecting construction undertaken as part of the Project. <br />d. Minority and Women Business Enterprise (MBE/WBE). <br />(1) Policy. It is the policy of the North Carolina Department of <br />Transportation that Historically Underutilized Businesses (HUB) and Minority Business and <br />07-SC-056 Page 19 of 59 <br />Orange County <br />