(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 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
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;
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, 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
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 60-741.5(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.
