Equal Opportunity for Workers with Disabilities
Federal contractors must take affirmative action to employ and advance qualified individuals with disabilities and ensure these requirements are enforced throughout their subcontracting chain.
Overview
FAR 52.222-36 requires federal contractors and subcontractors to provide equal employment opportunity for qualified individuals with disabilities. Contractors must comply with the requirements of 41 CFR 60-741.5(a), which prohibits discrimination and mandates affirmative action to employ and advance workers with disabilities. The clause must be included in all subcontracts and purchase orders above the threshold specified in FAR 22.1408(a), unless exempted. Contractors are responsible for enforcing these requirements throughout their supply chain and must follow directives from the Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) regarding noncompliance. An Alternate I version allows for certain terms to be waived if specified in the contract preamble.
Key Rules
- Equal Opportunity Requirement
- Contractors must not discriminate against qualified individuals with disabilities and must take affirmative action to employ and advance them.
- Flowdown to Subcontracts
- The clause must be included in all applicable subcontracts and purchase orders above the specified threshold, unless exempted.
- Enforcement and Compliance
- Contractors must enforce the clause with their subcontractors and vendors, and act on OFCCP directives regarding noncompliance.
- Alternate I Waiver
- Certain terms of the clause may be waived for a specific contract if listed in the preamble.
Responsibilities
- Contracting Officers: Ensure inclusion of the clause in solicitations and contracts as required.
- Contractors: Abide by the equal opportunity requirements, flow down the clause to applicable subcontracts, and enforce compliance.
- Agencies: Oversee contractor compliance and coordinate with OFCCP as needed.
Practical Implications
- This clause ensures federal contractors actively prevent discrimination and promote employment opportunities for individuals with disabilities.
- Contractors must monitor their supply chain for compliance and may face enforcement actions for noncompliance.
- Failure to include the clause in subcontracts or to follow OFCCP directives can result in penalties or loss of contract eligibility.