(a) Government contracts. Each contracting agency and each
contractor shall include the following equal opportunity clause in each
of its covered Government contracts or subcontracts (and modifications,
renewals, or extensions thereof if not included in the original
contract):
Equal Opportunity for Special Disabled Veterans, Veterans of the
Vietnam Era, Recently Separated Veterans, and Other Protected Veterans.
1. The contractor will not discriminate against any employee or
applicant for employment because he or she is a special disabled
veteran, veteran of the Vietnam era, recently separated veteran, or
other protected veteran in regard to any position for which the employee
or applicant for employment is qualified. The contractor agrees to take
affirmative action to employ, advance in employment and otherwise treat
qualified individuals without discrimination based on their status as a
special disabled veteran, veteran of the Vietnam era, recently separated
veteran, or other protected veteran in all employment practices,
including the following:
i. Recruitment, advertising, and job application procedures;
ii. Hiring, upgrading, promotion, award of tenure, demotion,
transfer, layoff, termination, right of return from layoff and rehiring;
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iii. Rates of pay or any other form of compensation and changes in
compensation;
iv. Job assignments, job classifications, organizational structures,
position descriptions, lines of progression, and seniority lists;
v. Leaves of absence, sick leave, or any other leave;
vi. Fringe benefits available by virtue of employment, whether or
not administered by the contractor;
vii. Selection and financial support for training, including
apprenticeship, and on-the-job training under 38 U.S.C 3687,
professional meetings, conferences, and other related activities, and
selection for leaves of absence to pursue training;
viii. Activities sponsored by the contractor including social or
recreational programs; and
ix. Any other term, condition, or privilege of employment.
2. The contractor agrees to immediately list all employment openings
which exist at the time of the execution of this contract and those
which occur during the performance of this contract, including those not
generated by this contract and including those occurring at an
establishment of the contractor other than the one wherein the contract
is being performed, but excluding those of independently operated
corporate affiliates, at an appropriate local employment service office
of the state employment security agency wherein the opening occurs.
Listing employment openings with the U.S. Department of Labor's
America's Job Bank shall satisfy the requirement to list jobs with the
local employment service office.
3. Listing of employment openings with the local employment service
office pursuant to this clause shall be made at least concurrently with
the use of any other recruitment source or effort and shall involve the
normal obligations which attach to the placing of a bona fide job order,
including the acceptance of referrals of veterans and nonveterans. The
listing of employment openings does not require the hiring of any
particular job applicants or from any particular group of job
applicants, and nothing herein is intended to relieve the contractor
from any requirements in Executive orders or regulations regarding
nondiscrimination in employment.
4. Whenever the contractor becomes contractually bound to the
listing provisions in paragraphs 2 and 3 of this clause, it shall advise
the state employment security agency in each state where it has
establishments of the name and location of each hiring location in the
state: Provided, That this requirement shall not apply to state and
local governmental contractors. As long as the contractor is
contractually bound to these provisions and has so advised the state
agency, there is no need to advise the state agency of subsequent
contracts. The contractor may advise the state agency when it is no
longer bound by this contract clause.
5. The provisions of paragraphs 2 and 3 of this clause do not apply
to the listing of employment openings which occur and are filled outside
of the 50 states, the District of Columbia, the Commonwealth of Puerto
Rico, Guam, and the Virgin Islands.
6. As used in this clause: i. All employment openings includes all
positions except executive and top management, those positions that will
be filled from within the contractor's organization, and positions
lasting three days or less. This term includes full-time employment,
temporary employment of more than three days' duration, and part-time
employment.
ii. Executive and top management means any employee: (a) Whose
primary duty consists of the management of the enterprise in which he or
she is employed or of a customarily recognized department or subdivision
thereof; and (b) who customarily and regularly directs the work of two
or more other employees therein; and (c) who has the authority to hire
or fire other employees or whose suggestions and recommendations as to
the hiring or firing and as to the advancement and promotion or any
other change of status of other employees will be given particular
weight; and (d) who customarily and regularly exercises discretionary
powers; and (e) who does not devote more than 20 percent, or, in the
case of an employee of a retail or service establishment who does not
devote as much as 40 percent, of his or her hours of work in the work
week to activities which are not directly and closely related to the
performance of the work described in (a) through (d) of this paragraph
6. ii.; Provided, that (e) of this paragraph 6.ii. shall not apply in
the case of an employee who is in sole charge of an independent
establishment or a physically separated branch establishment, or who
owns at least a 20-percent interest in the enterprise in which he or she
is employed.
iii. Positions that will be filled from within the contractor's
organization means employment openings for which no consideration will
be given to persons outside the contractor's organization (including any
affiliates, subsidiaries, and parent companies) and includes any
openings which the contractor proposes to fill from regularly
established ``recall'' lists. The exception does not apply to a
particular opening once an employer decides to consider applicants
outside of his or her own organization.
7. The contractor agrees to comply with the rules, regulations, and
relevant orders of the Secretary of Labor issued pursuant to the Act.
8. In the event of the contractor's noncompliance with the
requirements of this clause, actions for noncompliance may be
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taken in accordance with the rules, regulations, and relevant orders of
the Secretary of Labor issued pursuant to the Act.
9. The contractor agrees to post in conspicuous places, available to
employees and applicants for employment, notices in a form to be
prescribed by the Deputy Assistant Secretary for Federal Contract
Compliance, provided by or through the contracting officer. Such notices
shall state the rights of applicants and employees as well as the
contractor's obligation under the law to take affirmative action to
employ and advance in employment qualified employees and applicants who
are special disabled veterans, veterans of the Vietnam era, recently
separated veterans, or other protected veterans. The contractor must
ensure that applicants or employees who are special disabled veterans
are informed of the contents of the notice (e.g., the contractor may
have the notice read to a visually disabled individual, or may lower the
posted notice so that it might be read by a person in a wheelchair).
10. The contractor will notify each labor organization or
representative of workers with which it has a collective bargaining
agreement or other contract understanding, that the contractor is bound
by the terms of the Vietnam Era Veterans' Readjustment Assistance Act of
1974, as amended, and is committed to take affirmative action to employ
and advance in employment qualified special disabled veterans, veterans
of the Vietnam era, recently separated veterans, and other protected
veterans.
11. The contractor will include the provisions of this clause in
every subcontract or purchase order of $25,000 or more, unless exempted
by the rules, regulations, or orders of the Secretary issued pursuant to
the Vietnam Era Veterans' Readjustment Assistance Act of 1974, as
amended, so that such provisions will be binding upon each subcontractor
or vendor. The contractor will take such action with respect to any
subcontract or purchase order as the Deputy Assistant Secretary for
Federal Contract Compliance may direct to enforce such provisions,
including action for noncompliance.
[End of Clause]
(b) Subcontracts. Each contractor shall include the equal
opportunity clause in each of its subcontracts subject to this part.
(c) Adaption of language. Such necessary changes in language may be
made to the equal opportunity clause as shall be appropriate to identify
properly the parties and their undertakings.
(d) Inclusion of the equal opportunity clause in the contract. It is
not necessary that the equal opportunity clause be quoted verbatim in
the contract. The clause may be made a part of the contract by citation
to 41 CFR 60-250.5(a).
(e) Incorporation by operation of the Act. By operation of the Act,
the equal opportunity clause shall be considered to be a part of every
contract and subcontract required by the Act and the regulations in this
part to include such a clause, whether or not it is physically
incorporated in such contract and whether or not there is a written
contract between the agency and the contractor.
(f) Duties of contracting agencies. Each contracting agency shall
cooperate with the Deputy Assistant Secretary and the Secretary in the
performance of their responsibilities under the Act. Such cooperation
shall include insuring that the equal opportunity clause is included in
all covered Government contracts and that contractors are fully informed
of their obligations under the Act and this part, providing the Deputy
Assistant Secretary with any information which comes to the agency's
attention that a contractor is not in compliance with the Act or this
part, responding to requests for information from the Deputy Assistant
Secretary, and taking such actions for noncompliance as are set forth in
Sec. 60-250.66 as may be ordered by the Secretary or the Deputy
Assistant Secretary.
