Policy
Contractors and subcontractors must not discriminate based on age in employment practices or job advertisements for government contracts unless a legal exception applies.
Overview
FAR 22.901 establishes the federal policy prohibiting age discrimination by contractors and subcontractors in employment practices related to government contracts. This policy, rooted in Executive Order 11141, requires that employment decisions—including hiring, advancement, discharge, and terms of employment—must not be based on age unless justified by a bona fide occupational qualification, retirement plan, or statutory requirement. Additionally, contractors and their representatives are prohibited from specifying maximum age limits in job solicitations or advertisements for government contract work, except where such limits are legally justified. Agencies are responsible for informing contractors of this policy, but the regulation does not mandate the inclusion of specific contract clauses to enforce it.
Key Rules
- Prohibition of Age Discrimination
- Contractors and subcontractors must not discriminate based on age in employment actions unless justified by specific exceptions.
- Restrictions on Job Advertisements
- Maximum age limits in job postings for government contract work are prohibited unless legally justified.
- Agency Notification
- Agencies must inform contractors of this policy, but contract clauses are not required.
Responsibilities
- Contracting Officers: Ensure contractors are aware of the age nondiscrimination policy.
- Contractors: Avoid age-based discrimination in employment practices and job advertisements unless exceptions apply.
- Agencies: Notify contractors of the policy; no requirement to include contract clauses.
Practical Implications
- This section exists to promote equal employment opportunity and prevent age discrimination in federal contracting.
- Contractors must review their employment and advertising practices to ensure compliance.
- Common pitfalls include inadvertently specifying age limits in job postings or making employment decisions based on age without proper justification.