EQUAL OPPORTUNITY CLAUSE
(Extract of 38 CFR 36.4392)
"During the performance of this contract, the contractor agrees as follows:
"(1) The contractor will not discriminate against any employee or applicant for employment because of race, color,
religion, sex or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that
employees are treated during employment without regard to their race, color, religion, sex or national origin. Such action
shall include, but not be limited to the following: employment, upgrading, demotion or transfer; recruitment or recruitment
advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including
apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment,
notices to be provided setting forth the provisions of this nondiscrimination clause.
"(2) The contractor will, in all solicitations and 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 or national origin.
"(3) The contractor will send to each labor union or representative of workers with which he or she has a collective
bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers'
representative of the contractor's commitments under section 202 of Executive Order 11246 of September 24, 1965, and
shall post copies of the notice in conspicuous places available to employees and applicants for employment.
"(4) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the
rules, regulations and relevant orders of the Secretary of Labor.
"(5) The contractor will furnish all information and reports required by Executive Order 11246 of September 24,
1965, and by the rules, regulations and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his
books, records and accounts by the administering agency and the Secretary of Labor for purposes of investigation to
ascertain compliance with such rules, regulations and orders.
"(6) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of
the said rules, regulation or orders, this contract may be canceled, terminated or suspended in whole or in part and the
contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in
accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be
imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation or order
of the Secretary of Labor, or as otherwise provided by law.
"(7) The contractor will include the provisions of paragraphs (1) through (7) in every subcontract or purchase order
unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order
11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor
will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of
enforcing such provisions, including sanctions for noncompliance: Provided, however, that in the event the contractor
becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the
agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States."
VA FORM 26-421, NOV 1990
