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<br />Washington State <br />Health Care Authority Page 21 of 53 Contract # 2747 <br /> <br /> <br />4.26 NONDISCRIMINATION <br />During the performance of this Contract, the Contractor must comply with all federal and <br />state nondiscrimination laws, regulations and policies, including but not limited to: Title VII <br />of the Civil Rights Act, 42 U.S.C. §12101 et seq.; the Americans with Disabilities Act of <br />1990 (ADA), 42 U.S.C. §12101 et seq., 28 CFR Part 35; and Title 49.60 RCW, <br />Washington Law Against Discrimination. <br />In the event of Contractor’s noncompliance or refusal to comply with any <br />nondiscrimination law, regulation or policy, this Contract may be rescinded, canceled, or <br />terminated in whole or in part under the Termination for Default sections, and Contractor <br />may be declared ineligible for further contracts with HCA. <br />4.27 OVERPAYMENTS TO CONTRACTOR <br />In the event that overpayments or erroneous payments have been made to the <br />Contractor under this Contract, HCA will provide written notice to Contractor and <br />Contractor shall refund the full amount to HCA within thirty (30) calendar days of the <br />notice. If Contractor fails to make timely refund, HCA may charge Contractor one percent <br />(1%) per month on the amount due, until paid in full. If the Contractor disagrees with <br />HCA’s actions under this section, then it may invoke the dispute resolution provisions of <br />Section 4.13 Disputes. <br />4.28 PAY EQUITY <br />4.28.1 Contractor represents and warrants that, as required by Washington state law <br />(Laws of 2017, Chap. 1, § 147), during the term of this Contract, it agrees to <br />equality among its workers by ensuring similarly employed individuals are <br />compensated as equals. For purposes of this provision, employees are similarly <br />employed if (i) the individuals work for Contractor, (ii) the performance of the job <br />requires comparable skill, effort, and responsibility, and (iii) the jobs are performed <br />under similar working conditions. Job titles alone are not determinative of whether <br />employees are similarly employed. <br />4.28.2 Contractor may allow differentials in compensation for its workers based in good <br />faith on any of the following: (i) a seniority system; (ii) a merit system; (iii) a system <br />that measures earnings by quantity or quality of production; (iv) bona fide job- <br />related factor(s); or (v) a bona fide regional difference in compensation levels. <br />4.28.3 Bona fide job-related factor(s)” may include, but not be limited to, <br />education, training, or experience, that is: (i) consistent with business necessity; <br />(ii) not based on or derived from a gender-based differential; and (iii) accounts for <br />the entire differential. <br />4.28.4 A “bona fide regional difference in compensation level” must be (i) consistent with <br />business necessity; (ii) not based on or derived from a gender-based differential; <br />and (iii) account for the entire differential.