52.222-29 Notification of Visa Denial
Source: FAR 52.222-29 on acquisition.gov
Contractors must promptly notify the U.S. government if they believe an employee or applicant is denied a visa for contract work overseas due to discrimination based on protected characteristics.
Overview
FAR 52.222-29, Notification of Visa Denial, requires contractors to notify specific U.S. government officials if an employee or potential employee is denied an entry visa to a country where contract work will be performed, and the contractor believes the denial is due to the individual's race, color, religion, sex, sexual orientation, gender identity, or national origin. This clause enforces compliance with Executive Order 11246, which prohibits discrimination in employment decisions based on these protected characteristics, even when assignments are overseas. The clause also provides definitions for "gender identity" and "sexual orientation" as established by the Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP).
Key Rules
- Non-Discrimination in Overseas Assignments
- Contractors cannot refuse to employ or assign individuals based on protected characteristics, even if the host country’s policies differ.
- Mandatory Notification of Visa Denial
- Contractors must notify both the U.S. Department of State and the Department of Labor if they believe a visa denial is due to discrimination based on protected characteristics.
Responsibilities
- Contracting Officers: Ensure the clause is included in applicable contracts and monitor contractor compliance.
- Contractors: Must not discriminate in employment or assignment decisions and must report suspected discriminatory visa denials.
- Agencies: Receive and review notifications of suspected discriminatory visa denials for further action.
Practical Implications
- This clause ensures U.S. anti-discrimination laws are upheld in overseas assignments under federal contracts.
- Contractors must be vigilant in tracking visa denials and the reasons behind them, and must promptly notify the appropriate authorities if discrimination is suspected.
- Failure to comply can result in contract violations and potential penalties.
As prescribed in 22.810(g), insert the following clause:
Notification of Visa Denial (Apr 2015)
(a) Definitions. As used in this clause-
Gender identity has the meaning given by the Department of Labor’s Office of Federal Contract Compliance Programs, and is found at http://www.dol.gov/ofccp/LGBT/LGBT_FAQs.html" target="_blank">http://www.dol.gov/ofccp/LGBT/LGBT_FAQs.html.
Sexual orientation has the meaning given by the Department of Labor’s Office of Federal Contract Compliance Programs, and is found at http://www.dol.gov/ofccp/LGBT/LGBT_FAQs.html" target="_blank">http://www.dol.gov/ofccp/LGBT/LGBT_FAQs.html.
(b) Requirement to notify.
(1) It is a violation of Executive Order 11246 for a Contractor to refuse to employ any applicant or not to assign any person hired in the United States, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, or Wake Island, on the basis that the individual's race, color, religion, sex, sexual orientation, gender identity, or national origin is not compatible with the policies of the country where or for whom the work will be performed (41 CFR 60-1.10).
(2) The Contractor shall notify the U.S. Department of State, Assistant Secretary, Bureau of Political-Military Affairs (PM), 2201 C Street NW, Room 6212, Washington, DC 20520, and the U.S. Department of Labor, Deputy Assistant Secretary for Federal Contract Compliance, when it has knowledge of any employee or potential employee being denied an entry visa to a country where this contract will be performed, and it believes the denial is attributable to the race, color, religion, sex, sexual orientation, gender identity, or national origin of the employee or potential employee.
(End of clause)