22.1401
Policy
Contractors must take proactive steps to recruit, hire, and advance qualified individuals with disabilities, and annually assess their workforce against federal utilization goals.
Overview
FAR 22.1401 establishes the policy requirements for contractors and subcontractors working on contracts subject to the Rehabilitation Act of 1973, specifically Section 503. The regulation mandates affirmative action and non-discrimination in employment for qualified individuals with disabilities. Contractors must not only avoid discrimination but also proactively recruit, hire, and advance individuals with disabilities. Additionally, contractors are required to conduct outreach and recruitment activities aimed at increasing the employment of individuals with disabilities and to annually compare their workforce's utilization of such individuals against a utilization goal set by the Department of Labor.
Key Rules
- Affirmative Action and Non-Discrimination
- Contractors must take affirmative steps to employ and advance qualified individuals with disabilities and ensure they are not discriminated against based on disability.
- Outreach and Recruitment
- Contractors must engage in outreach and positive recruitment efforts to attract qualified individuals with disabilities.
- Annual Utilization Comparison
- Contractors must annually compare the representation of individuals with disabilities in their workforce to the utilization goal established by the Secretary of Labor.
Responsibilities
- Contracting Officers: Ensure contract clauses reflect these requirements and monitor contractor compliance.
- Contractors: Implement affirmative action, conduct outreach, and perform annual workforce utilization comparisons.
- Agencies: Oversee compliance and may require reporting or audits.
Practical Implications
- This policy ensures equal employment opportunities for individuals with disabilities and requires contractors to be proactive, not just reactive, in their employment practices. Failure to comply can result in contract penalties or loss of eligibility for future awards. Common pitfalls include inadequate outreach efforts or failure to document annual utilization comparisons.