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a. LESSEE has not had more than forty (40) full-time employees at any time during <br />the previous twelve (12) months; OR <br />b. If LESSEE has more than forty (40) full-time employees within the State of <br />Minnesota on a single working day during the previous twelve (12) months, that it <br />has an affirmative action plan pursuant to the requirements of Minn. Stat. §363 <br />for the employment of minority persons, women and qualified disabled individuals <br />approved by the State of Minnesota, Commissioner of Human. Rights; OR <br />C. If LESSEE does not have forty (40) full-time employees within the. State of <br />Minnesota on a single working day during the previous twelve (12) months, but <br />has had more than forty (40) full-time employees on a single working day during <br />the previous twelve (12) months in the state in which it has its primary place of <br />business, then: <br />(i) LESSEE has current- Minnesota certificate of compliance issued by the <br />Minnesota .Commissioner of Human Rights; OR <br />(ii) LESSEE certifies that it is in compliance with federal Affirmative Action <br />requirements. <br />16.2 Minnesota Rule 5000.3550 - Disabled Individuals Affirmative Action Clause <br />a. LESSEE shall not discriminate against any employees or applicants for <br />employment because of physical or mental disability in regard to any position for <br />which the employee or applicant for employment is qualified. LESSEE agrees to <br />take affirmative action to employ, advance in employment, and otherwise treat <br />qualified disabled individuals without discrimination based upon their physical or <br />mental disability in all employment practices such as the recruitment; advertising, <br />layoff or term.ination, rates of pay or other forms of compensation, and selection <br />for training, including apprenticeship. <br />b. LESSEE agrees -to comply with the rules and relevant orders of the Minnesota <br />Department of Human Rights issued pursuant to the Minnesota Human Rights <br />Act. <br />C. In the event of LESSEE'S noncompliance with the requirements of this clause, <br />actions for noncompliance may be taken in accordance with Minn. Stat. <br />§363A:36 and the rules and relevant orders of the. Minnesota Department of <br />Human Rights issued; pursuant to the Minnesota Human Rights Act. <br />d. LESSEE' agrees to post in conspicuous places, available to employees and <br />applicants for employment, notices in a form to be prescribed by the <br />commissioner of the Minnesota Department of Human Rights. Such notices shall <br />state LESSEE'S obligation under the law to take affirmative action to employ and <br />advance in employment qualified disabled employees and applicants for <br />employment, and the rights of applicants and employee. <br />Agreement No. 2017 -CE -Hugo Hugo Water Tower <br />Page 9 of 19 <br />