Chapter 14-300: Federal Requirements

The majority of laws governing affirmative action and nondiscrimination requirements are federal. Those that relate specifically to sponsored activities are referenced in proposal and award documents. In general, nondiscrimination requirements are found in grants. They bar recipients from excluding members of specified protected groups from participation in federally-supported activities.

Affirmative action requirements are generally found in contracts and apply to the contractor and its employees. They require that the contractor�s affirmative action compliance program assure the right to equal employment opportunities.

14-310 Federal Nondiscrimination and Affirmative Action Laws

The major federal statutes which bar employment and participant discrimination and/or require affirmative action in federal assistance programs are described in the "External Requirements--Federal" section at the end of this ChTitle VI, which applies primarily to student services in federally assisted educational programs and activities, and Title VII, which applies to employment, of the Civil Rights Act of 1964 (P.L. 88-352), prohibit discrimination on the basis of race, color, or national origin; (See 14-F03.)

Title IX of the Education Amendments of 1972, as amended (20 U.S.C. Sec. 1681-1683, and 1685-1686) which bars sex discrimination in federally assisted education programs or activities; (See 14-F04.)

Section 503 of the Rehabilitation Act of 1973, as amended (29 U.S.C. sec. 793), which requires affirmative action in employment for qualified individuals with disabilities; (See 14-F01.)

Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. sec. 794), which prohibits discrimination in programs and services to qualified individuals with disabilities; (See 14-F01.)

Section 402 of the Vietnam Era Veterans Readjustment Assistance Act of 1974, as amended (38 U.S.C. sec. 2012), which requires affirmative action for qualified special disabled veterans, Vietnam era veterans, and veterans who served on active duty during a war or in a campaign or expedition for which a campaign badge has been authorized; (See 14-F02.) apter. They include:

  • The Age Discrimination Act of 1975, as amended (42 U.S.C. sec. 6101-6107), which prohibits discrimination of the basis of age; (See 14-F05.)
  • The Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; (See 14-F06.)
  • The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (See 14-F07.)
  • Executive Order 11246, as amended, which bars discriminatory employment practices and requires recipients of federal funds to undertake affirmative action in order to assure equal employment opportunities; (See 14-F08.) and,
  • The Americans with Disabilities Act of 1990, which provides federal civil rights protection in several areas to individuals with disabilities. (See 14-F09.)

Many of the above statutes are specifically referenced in Standard Form 424B, Assurances -- Non-Construction Programs, or in Department of Health and Human Services and National Science Foundation Grant Manuals.

14-320 FAR Affirmative Action/EEO Clauses

Federal Acquisition Regulation (FAR) Part 22, Application of Labor Laws to Government Acquisitions, prescribes the affirmative action and equal opportunity (EEO) clauses which are included in federal contracts. The clauses are found in FAR Part 52.2, Solicitation Provisions and Contract Clauses. They implement the statutes and Executive Order outlined above in 14-310, which cover equal employment opportunity and affirmative action in employment as well as other laws requiring affirmative action in employment outlined in the "External Requirements--Federal" section at the end of this chapter.