Federal affirmative action regulations mandate that Federal contractors include an Equal Opportunity (EO) clause in all contracts, subcontracts and purchase orders.  The intent is to make the nondiscrimination and affirmative action provisions of Executive Order 11246, Section 503 of the Rehabilitation Act of 1973, the Vietnam Era Veterans’ Readjustment Assistance Act, and the Jobs for Veterans act flow down to all tiers of contractors.  Additionally, OFCCP’s new regulations require the use of specific, mandatory language.

To ensure compliance with these requirements, we recommend inserting the following paragraph into your subcontracts and the terms and conditions of your purchase orders.  The language must be in BOLD font.

This contractor and subcontractor shall abide by the requirements of 41 CFR §§ 60-1.4(a), 60-300.5(a) and 60-741.5(a). These regulations prohibit discrimination against qualified individuals based on their status as protected veterans or individuals with disabilities, and prohibit discrimination against all individuals based on their race, color, religion, sex, sexual orientation, gender identity or national origin. Moreover, these regulations require that covered prime contractors and subcontractors take affirmative action to employ and advance in employment individuals without regard to race, color, religion, sex, sexual orientation, gender identity, national origin, protected veteran status or disability.

This specific clause is only required in contracts that are entered into or modified on or after March 24, 2014.

Sample EEO Policy Statement

 

Additionally the following language should be added into subcontracts covered by Executive Order 13496:

This contract is subject to the requirements set forth at 29 CFR Part 471, Appendix A to Sub-part A.