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Content Last Revised: 5/1/96


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 60-741.5 - Equal opportunity clause.

  • Section Number: 60-741.5
  • Section Name: Equal opportunity clause.

    (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 

             Equal Opportunity for Workers With Disabilities

    1. The contractor will not discriminate against any employee or 
applicant for employment because of physical or mental disability 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 with disabilities without discrimination based on their 
physical or mental disability in all employment practices, including the 
    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;
    iii. Rates of pay or any other form of compensation and changes in 
    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, 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 comply with the rules, regulations, and 
relevant orders of the Secretary of Labor issued pursuant to the act.
    3. In the event of the contractor's noncompliance with the 
requirements of this clause, actions for noncompliance may be taken in 
accordance with the rules, regulations, and relevant orders of the 
Secretary of Labor issued pursuant to the act.
    4. 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 Programs, 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 
with disabilities. The contractor must ensure that applicants and 
employees with disabilities 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).
    5. 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 section 503 of the Rehabilitation Act of 1973, as 
amended, and is committed to take affirmative action to employ and 
advance in employment individuals with physical or mental disabilities.
    6. The contractor will include the provisions of this clause in 
every subcontract or purchase order in excess of $10,000, unless 
exempted by the rules, regulations, or orders of the Secretary issued 
pursuant to section 503 of the act, 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 Programs 
may direct to enforce such provisions, including action for 

[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 60-741.5(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. 60-741.66 as may be ordered by the Secretary or the Deputy 
Assistant Secretary.
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