Employment of Workers with Disabilities
FAR Subpart 22.14 requires government contractors to take affirmative action and avoid discrimination against workers with disabilities, with strict compliance and reporting obligations.
Overview
FAR Subpart 22.14 establishes the requirements for the employment of workers with disabilities in government contracts. It outlines the federal policy to ensure equal employment opportunity for qualified individuals with disabilities, details the applicability of these requirements to certain contracts, and provides procedures for waivers, Department of Labor notices, and handling complaints. The subpart also addresses the interaction with collective bargaining agreements, actions to be taken in cases of noncompliance, and prescribes the mandatory contract clause that must be included in applicable solicitations and contracts. The goal is to promote nondiscrimination and affirmative action in the hiring and employment of persons with disabilities, in accordance with Section 503 of the Rehabilitation Act of 1973 and related Department of Labor regulations.
Key Rules
- Policy
- Contractors must not discriminate against qualified individuals with disabilities and must take affirmative action to employ and advance them in employment.
- Applicability
- Requirements generally apply to contracts and subcontracts above a specified dollar threshold, except for certain waivers or exemptions.
- Waivers
- Agencies may request waivers from the Department of Labor under specific circumstances.
- Department of Labor Notices
- Contractors must post required notices informing employees of their rights under the law.
- Collective Bargaining Agreements
- Requirements must be coordinated with existing collective bargaining agreements.
- Complaint Procedures
- Procedures are established for filing and processing complaints regarding noncompliance.
- Actions for Noncompliance
- Remedies for noncompliance include possible contract termination or debarment.
- Contract Clause
- A specific clause must be included in applicable contracts to enforce these requirements.
Responsibilities
- Contracting Officers: Ensure inclusion of the required clause, monitor compliance, and process waivers or complaints as needed.
- Contractors: Implement nondiscrimination and affirmative action policies, post required notices, coordinate with unions, and respond to complaints.
- Agencies: Oversee compliance, process waivers, and coordinate with the Department of Labor as necessary.
Practical Implications
- This subpart ensures that government contractors provide equal employment opportunities to individuals with disabilities, impacting hiring, workplace policies, and contract administration. Failure to comply can result in significant penalties, including contract termination or debarment. Contractors must be proactive in understanding their obligations, especially regarding posting notices, handling complaints, and working with unions.