52.222-26 Equal Opportunity.

As prescribed in 22.810(e), insert the following clause:

Equal Opportunity (Sept 2016)

(a) Definition. As used in this clause.

Compensation means any payments made to, or on behalf of, an employee or offered to an applicant

as remuneration for employment, including but not limited to salary, wages, overtime pay, shift

differentials, bonuses, commissions, vacation and holiday pay, allowances, insurance and other

benefits, stock options and awards, profit sharing, and retirement.

Compensation information means the amount and type of compensation provided to employees or

offered to applicants, including, but not limited to, the desire of the Contractor to attract and retain

a particular employee for the value the employee is perceived to add to the Contractor's profit or

productivity; the availability of employees with like skills in the marketplace; market research about

the worth of similar jobs in the relevant marketplace; job analysis, descriptions, and evaluations;

salary and pay structures; salary surveys; labor union agreements; and Contractor decisions,

statements and policies related to setting or altering employee compensation.

Essential job functions means the fundamental job duties of the employment position an individual

holds. A job function may be considered essential if-

(1) The access to compensation information is necessary in order to perform that function or another

routinely assigned business task; or

(2) The function or duties of the position include protecting and maintaining the privacy of employee

personnel records, including compensation information.

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.

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.

United States, means the 50 States, the District of Columbia, Puerto Rico, the Northern Mariana

Islands, American Samoa, Guam, the U.S. Virgin Islands, and Wake Island.

(b)

(1) If, during any 12-month period (including the 12 months preceding the award of this contract),

the Contractor has been or is awarded nonexempt Federal contracts and/or subcontracts that have

an aggregate value in excess of $10,000, the Contractor shall comply with this clause, except for

work performed outside the United States by employees who were not recruited within the United

States. Upon request, the Contractor shall provide information necessary to determine the

applicability of this clause.

(2) If the Contractor is a religious corporation, association, educational institution, or society, the

requirements of this clause do not apply with respect to the employment of individuals of a
particular religion to perform work connected with the carrying on of the Contractor’s activities (41

CFR 60-1.5).

(c)

(1) The Contractor shall not discriminate against any employee or applicant for employment because

of race, color, religion, sex, sexual orientation, gender identity, or national origin. However, it shall

not be a violation of this clause for the Contractor to extend a publicly announced preference in

employment to Indians living on or near an Indian reservation, in connection with employment

opportunities on or near an Indian reservation, as permitted by 41 CFR 60-1.5.

(2) The Contractor shall take affirmative action to ensure that applicants are employed, and that

employees are treated during employment, without regard to their race, color, religion, sex, sexual

orientation, gender identity, or national origin. This shall include, but not be limited to-

(i) Employment;

(ii) Upgrading;

(iii) Demotion;

(iv) Transfer;

(v) Recruitment or recruitment advertising;

(vi) Layoff or termination;

(vii) Rates of pay or other forms of compensation; and

(viii) Selection for training, including apprenticeship.

(3) The Contractor shall post in conspicuous places available to employees and applicants for

employment the notices to be provided by the Contracting Officer that explain this clause.

(4) The Contractor shall, in all solicitations or advertisements for employees placed by or on behalf

of the Contractor, state that all qualified applicants will receive consideration for employment

without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.

(5)

(i) The Contractor shall not discharge or in any other manner discriminate against any employee or

applicant for employment because such employee or applicant has inquired about, discussed, or

disclosed the compensation of the employee or applicant or another employee or applicant. This

prohibition against discrimination does not apply to instances in which an employee who has access

to the compensation information of other employees or applicants as a part of such employee's

essential job functions discloses the compensation of such other employees or applicants to

individuals who do not otherwise have access to such information, unless such disclosure is in

response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or

action, including an investigation conducted by the employer, or is consistent with the Contractor's

legal duty to furnish information.

(ii) The Contractor shall disseminate the prohibition on discrimination in paragraph (c)(5)(i) of this
clause, using language prescribed by the Director of the Office of Federal Contract Compliance

Programs (OFCCP), to employees and applicants by-

(A) Incorporation into existing employee manuals or handbooks; and

(B) Electronic posting or by posting a copy of the provision in conspicuous places available to

employees and applicants for employment.

(6) The Contractor shall send, to each labor union or representative of workers with which it has a

collective bargaining agreement or other contract or understanding, the notice to be provided by the

Contracting Officer advising the labor union or workers’ representative of the Contractor’s

commitments under this clause, and post copies of the notice in conspicuous places available to

employees and applicants for employment.

(7) The Contractor shall comply with Executive Order11246, as amended, and the rules, regulations,

and orders of the Secretary of Labor.

(8) The Contractor shall furnish to the contracting agency all information required by Executive

Order11246, as amended, and by the rules, regulations, and orders of the Secretary of Labor. The

Contractor shall also file Standard Form100 (EEO-1), or any successor form, as prescribed in 41

CFR Part 60-1. Unless the Contractor has filed within the 12 months preceding the date of contract

award, the Contractor shall, within 30 days after contract award, apply to either the regional Office

of Federal Contract Compliance Programs (OFCCP) or the local office of the Equal Employment

Opportunity Commission for the necessary forms.

(9) The Contractor shall permit access to its premises, during normal business hours, by the

contracting agency or the OFCCP for the purpose of conducting on-site compliance evaluations and

complaint investigations. The Contractor shall permit the Government to inspect and copy any

books, accounts, records (including computerized records), and other material that may be relevant

to the matter under investigation and pertinent to compliance with Executive Order11246, as

amended, and rules and regulations that implement the Executive Order.

(10) If the OFCCP determines that the Contractor is not in compliance with this clause or any rule,

regulation, or order of the Secretary of Labor, this contract may be canceled, terminated, or

suspended in whole or in part and the Contractor may be declared ineligible for further Government

contracts, under the procedures authorized in Executive Order11246, as amended. In addition,

sanctions may be imposed and remedies invoked against the Contractor as provided in Executive

Order11246, as amended; in the rules, regulations, and orders of the Secretary of Labor; or as

otherwise provided by law.

(11) The Contractor shall include the terms and conditions of this clause in every subcontract or

purchase order that is not exempted by the rules, regulations, or orders of the Secretary of Labor

issued under Executive Order11246, as amended, so that these terms and conditions will be binding

upon each subcontractor or vendor.

(12) The Contractor shall take such action with respect to any subcontract or purchase order as the

Director of OFCCP may direct as a means of enforcing these terms and conditions, including

sanctions for noncompliance, provided, that if the Contractor becomes involved in, or is threatened

with, litigation with a subcontractor or vendor as a result of any direction, the Contractor may

request the United States to enter into the litigation to protect the interests of the United States.

(d) Notwithstanding any other clause in this contract, disputes relative to this clause will be

governed by the procedures in 41 CFR 60-1.
(End of clause)

Alternate I (Feb 1999). As prescribed in 22.810 (e), add the following as a preamble to the clause:

Notice: The following terms of this clause are waived for this contract: __________ [Contracting

Officer shall list terms].

Parent topic: 52.222 [Reserved]