22.802 General
Source: FAR 22.802 on acquisition.gov
All nonexempt federal contracts must include the Equal Opportunity clause, and contractors must comply with EEO requirements or risk ineligibility for federal awards.
Overview
FAR 22.802 outlines the general requirements for equal employment opportunity (EEO) in federal contracting, as mandated by Executive Order 11246. This section requires all federal agencies to include the EEO clause in all nonexempt contracts and subcontracts, ensuring contractors do not discriminate based on race, color, religion, sex, sexual orientation, gender identity, or national origin. It also prohibits retaliation or discrimination against employees or applicants who discuss or disclose compensation information, with limited exceptions. Agencies are prohibited from awarding contracts to parties found ineligible due to noncompliance with E.O. 11246, and contracting officers or contractors cannot structure contracts to evade EEO requirements. Disputes regarding compliance are subject to Department of Labor procedures.
Key Rules
- Inclusion of Equal Opportunity Clause
- All nonexempt contracts and subcontracts must contain the EEO clause as required by E.O. 11246.
- Prohibition of Discrimination
- Contractors must not discriminate based on protected characteristics or retaliate against employees/applicants for discussing compensation.
- Ineligibility for Noncompliance
- Contracts cannot be awarded to parties found ineligible due to EEO noncompliance.
- No Evasion of EEO Requirements
- Contracts cannot be structured to avoid EEO obligations.
- Dispute Resolution
- EEO compliance disputes are handled under Department of Labor rules.
Responsibilities
- Contracting Officers: Ensure inclusion of EEO clause, verify contractor eligibility, and prevent evasion of EEO requirements.
- Contractors: Comply with EEO clause, avoid discrimination, and handle compensation discussions appropriately.
- Agencies: Oversee compliance and refrain from contracting with ineligible parties.
Practical Implications
- This section ensures federal contractors uphold equal employment opportunity standards and prohibits discriminatory practices.
- Noncompliance can result in ineligibility for federal contracts.
- Contractors must be vigilant about including the EEO clause and adhering to all related obligations, especially regarding compensation discussions and protected classes.
(a) Executive Order 11246, as amended, sets forth the Equal Opportunity clause and requires that all agencies-
(1) Include this clause in all nonexempt contracts and subcontracts (see 22.807); and
(2) Act to ensure compliance with the clause and the regulations of the Secretary of Labor-
(i) To promote the full realization of equal employment opportunity for all persons, regardless of race, color, religion, sex, sexual orientation, gender identity, or national origin; and
(ii) To prohibit contractors from discharging, or in any other manner discriminating against, any employee or applicant for employment because the employee or applicant inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This prohibition against discrimination does not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information.
(b) No contract or modification involving new acquisition shall be entered into, and no subcontract shall be approved by a contracting officer, with a person who has been found ineligible by the Deputy Assistant Secretary for reasons of noncompliance with the requirements of E.O. 11246.
(c) No contracting officer or contractor shall contract for supplies or services in a manner so as to avoid applicability of the requirements of E.O. 11246.
(d) Contractor disputes related to compliance with its obligation shall be handled according to the rules, regulations, and relevant orders of the Secretary of Labor (see 41 CFR60-1.1).