General
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.