Notification of Visa Denial
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.