State and Metropolitan agencies have an important role to play when it comes to helping contractors build equitable and inclusive workplaces when contracting for goods and services.
When agencies sign a contract with a contractor, under the Minnesota Human Rights Act and Minnesota Administrative Rules 5000.3400 through 5000.3600 (Rules), the bid-award entities are required to:
- Provide each bidder and contractor with documentation describing the Minnesota Human Rights Act and Rules.
- Send list of prospective bidders to the Minnesota Department of Human Rights prior to the opening of a bid.
- Include in each contract the affirmative action clause stating the intention of the bid-award entity to carry out its responsibility for requiring affirmative action by its contractors and the consequences for failure to implement affirmative action.
- Include in each contract the contractor’s obligations under the Minnesota Human Rights Act and Minnesota Administrative Rules.
- Provide information to MDHR with information or assistance deemed necessary to seek compliance with Minnesota Human Rights Act and Minnesota Administrative Rules.
- Provide information to the Minnesota Department of Human Rights indicting that a business or firm is not in compliance with the Minnesota Human Rights Act and Minnesota Administrative Rules.
- Cooperate with the Commissioner of the Department of Human Rights in implementing the Minnesota Human Rights Act and Minnesota Administrative Rules.
MDHR maintains a list of contractors that have a current Workforce Certificate, Equal Pay Certificate, as well as contractors that have had their certificate expired, surrendered, suspended, or revoked.
MDHR also posts workforce participation rates on large state construction projects on a regular basis because of the impact these projects have on employment opportunities in Minnesota for people of color, Indigenous people, and/or women.
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