§ 353-12. Affidavits of compliance; discrimination and retaliation prohibited.

A. 

Affidavit of compliance by covered employers; discrimination and retaliation prohibited.

(1) 

All covered employers, and the owners thereof, as the case may be, that are recipients of compensation from the County through any grant, loan, subsidy, funding, appropriation, payment, tax incentive, contract, subcontract, license agreement, lease or other financial compensation agreement issued by the County or an awarding agency, where such compensation is 100% funded by the County, shall submit a completed sworn affidavit (under penalty of perjury), the form of which shall be established by the County Department of Labor, certifying that they have complied, in good faith, with the requirements of Title 8 of the United States Code (U.S.C.), § 1324a (Aliens and Nationality), with respect to the hiring of covered employees and with respect to the alien and nationality status of the owners thereof. The affidavit shall be executed by an authorized representative of the covered employer or owner, as the case may be; shall be part of any executed contract, subcontract, license agreement, lease or other financial compensation agreement with the County; and shall be made available to the public upon request.

(2) 

No such covered employers, and the owners thereof, as the case may be, shall discriminate against any covered employee or applicant for employment with respect to the hiring, or recruitment or referral for a fee, of such covered employee or applicant for employment, nor shall such covered employers, and the owners thereof, as the case may be, discriminate against any covered employee with respect to the discharge of such covered employee, because of race, creed, color, national origin, sex, age, gender, disability, sexual orientation, military status, or marital status or, in the case of a protected individual, because of such individual's citizenship status.

(3) 

No such covered employers, and the owners thereof, as the case may be, shall intimidate, threaten, coerce, or retaliate against any covered employee or applicant for employment for the purpose of interfering with any right or privilege secured under 8 U.S.C. § 1324b or because the covered employee or applicant for employment intends to file or has filed a charge or a complaint, testified, assisted, or participated in a manner in an investigation, proceeding, or hearing under 8 U.S.C. § 1324b. A covered employee or applicant for employment so intimidated, threatened, coerced, or retaliated against shall be considered to have been discriminated against for purposes of Subsection A(2) of this section.

B. 

Affidavit of compliance by contractors and subcontractors; discrimination and retaliation prohibited.

(1) 

All contractors and subcontractors of covered employers, and the owners thereof, as the case may be, that are assigned to perform work in connection with a County contract, subcontract, license agreement, lease or other financial compensation agreement issued by the County or awarding agency, where such compensation is 100% funded by the County, shall submit to the covered employer a completed sworn affidavit (under penalty of perjury), the form of which shall be established by the Department of Labor, certifying that they have complied, in good faith, with the requirements of 8 U.S.C. § 1324a with respect to the hiring of covered employees and with respect to the alien and nationality status of the owners thereof, as the case may be. The affidavit shall be executed by an authorized representative of the contractor, subcontractor, or owner, as the case may be; shall be part of any executed contract, subcontract, license agreement, lease or other financial compensation agreement between the covered employer and the County; and shall be made available to the public upon request.

(2) 

No such contractors and subcontractors of covered employers, and the owners thereof, as the case may be, shall discriminate against any employee or applicant for employment with respect to the hiring, or recruitment or referral for a fee, of such employee or applicant for employment, nor shall such contractors and subcontractors of covered employers, and the owners thereof, as the case may be, discriminate against any employee with respect to the discharge of such employee, because of race, creed, color, national origin, sex, age, gender, disability, sexual orientation, military status, or marital status or, in the case of a protected individual, because of such individual's citizenship status.

(3) 

No such contractors and subcontractors of covered employers, and the owners thereof, as the case may be, shall intimidate, threaten, coerce, or retaliate against any employee or applicant for employment for the purpose of interfering with any right or privilege secured under 8 U.S.C. § 1324b or because the employee or applicant for employment intends to file or has filed a charge or a complaint, testified, assisted, or participated in a manner in an investigation, proceeding, or hearing under 8 U.S.C. § 1324b. An employee or applicant for employment so intimidated, threatened, coerced, or retaliated against shall be considered to have been discriminated against for purposes of Subsection B(2) of this section.

C. 

Covered-employer- and owner-sworn affidavits shall be submitted to the awarding agency at the following times:

(1) 

Upon application made to the County for any grant, loan, subsidy, tax-incentive funding, appropriation, payment, or other form of financial assistance;

(2) 

Upon submission to the County of any response to a County bid, request for proposals (RFP), request for qualifications (RFQ), request for expressions of interest (RFEI), or similar contract-letting process, including but limited to letting for license agreements, leases and other financial compensation agreements;

(3) 

On January 1 of each year for the duration of the County contract, subcontract, license agreement, lease or other financial compensation agreement; and

(4) 

Upon renewal and amendment of any County contract, subcontract, license agreement, lease or other financial compensation agreement.

D. 

Contractor- and subcontractor-sworn affidavits shall be submitted by the covered employer to the awarding agency at the following times:

(1) 

Within one week after the contractor or subcontractor is hired by the covered employer to perform the work in connection with the County contract, subcontract, license agreement, lease or other financial compensation agreement;

(2) 

In the event of a County contract, subcontract, license agreement, lease or other financial compensation agreement that is being renewed or amended where a contractor or subcontractor was previously hired by a covered employer to perform work in connection with such contract, subcontract, license agreement, lease or other financial compensation agreement, upon such renewal or amendment; and

(3) 

On January 1 of each year for the duration of the County contract, subcontract, license agreement, lease or other financial compensation agreement, provided that the contractor or subcontractor was previously hired by the covered employer to perform work in connection with such contract, subcontract, license agreement, lease or other financial compensation agreement and is continuing to perform such work.