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Code of Federal Regulations Pertaining to ESA

Title 41  

Public Contracts and Property Management


Chapter 60  

Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor



Part 60-741  

Affirmative Action and Nondiscrimination Obligations of Contractors and Subcontractors Regarding Individuals With Disabilities




Subpart A  

Preliminary Matters, Equal Opportunity Clause

41 CFR 60-741.1 - Purpose, applicability, and construction.

  • Section Number: 60-741.1
  • Section Name: Purpose, applicability, and construction.

    (a) Purpose. The purpose of this part is to set forth the standards 
for compliance with section 503 of the Rehabilitation Act of 1973, as 
amended (29 U.S.C. 793), which requires Government contractors and 
subcontractors to take affirmative action to employ and advance in 
employment qualified individuals with disabilities.
    (b) Applicability. This part applies to all Government contracts and 
subcontracts in excess of $10,000 for the purchase, sale or use of 
personal property or nonpersonal services (including construction): 
Provided, That subpart C of this part applies only as described in 
Sec. 60-741.40(a). Compliance by the contractor with the provisions of 
this part will not necessarily determine its compliance with other 
statutes, and compliance with other statutes will not necessarily 
determine its compliance with this part: Provided, That compliance shall 
also satisfy the employment provisions of the Department of Labor's 
regulations implementing section 504 of the Rehabilitation Act of 1973 
(see 29 CFR 32.2(b)) when the contractor is also subject to those 
    (c) Construction--(1) In general. Except as otherwise provided in 
this part, this part does not apply a lesser standard than the standards 
applied under title I of the Americans with Disabilities Act of 1990 (42 
U.S.C. 12101 et seq.), or the regulations issued by the Equal Employment 
Opportunity Commission pursuant to that title (29 CFR part 1630). The 
Interpretive Guidance on Title I of the Americans with Disabilities Act 
set out as an appendix to 29 CFR part 1630 issued pursuant to that title 
may be relied upon for guidance in interpreting the parallel provisions 
of this part.
    (2) Relationship to other laws. This part does not invalidate or 
limit the remedies, rights, and procedures under any Federal law or the 
law of any State or political subdivision that provides greater or equal 
protection for
the rights of individuals with disabilities as compared to the 
protection afforded by this part. It may be a defense to a charge of 
violation of this part that a challenged action is required or 
necessitated by another Federal law or regulation, or that another 
Federal law or regulation prohibits an action (including the provision 
of a particular reasonable accommodation) that would otherwise be 
required by this part.

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