29 U.S. Code § 793

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29 U.S. Code § 793 - Employment under Federal contracts | U.S. Code | US Law | LII / Legal Information Institute

29 U.S. Code § 793. Employment under Federal contracts
U.S. Code

Notes

(a) A

;

;
Any contract in excess of $10,000 entered into by any Federal department
or agency for the procurement of personal property and nonpersonal
services (including construction) for the United States shall contain a
provision requiring that the party contracting with the United States shall
take affirmative action to employ and advance in employment qualified
individuals with disabilities. The provisions of this section shall apply to any
subcontract in excess of $10,000 entered into by a prime contractor in
carrying out any contract for the procurement of personal property and
nonpersonal services (including construction) for the United States. The
President shall implement the provisions of this section by promulgating
regulations within ninety days after September 26, 1973.
(b) A

;

;

;

If any individual with a disability believes any contractor has failed or
refused to comply with the provisions of a contract with the United States,
relating to employment of individuals with disabilities, such individual may
file a complaint with the Department of Labor. The Department shall
promptly investigate such complaint and shall take such action thereon as
the facts and circumstances warrant, consistent with the terms of such
contract and the laws and regulations applicable thereto.
(c) W

P

;
;

S

L
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29 U.S. Code § 793 - Employment under Federal contracts | U.S. Code | US Law | LII / Legal Information Institute

(1) The requirements of this section may be waived, in whole or in
part, by the President with respect to a particular contract or
subcontract, in accordance with guidelines set forth in regulations
which the President shall prescribe, when the President determines that
special circumstances in the national interest so require and states in
writing the reasons for such determination.
(2)
(A) The Secretary of Labor may waive the requirements of the
affirmative action clause required by regulations promulgated under
subsection (a) with respect to any of a prime contractor’s or
subcontractor’s facilities that are found to be in all respects
separate and distinct from activities of the prime contractor or
subcontractor related to the performance of the contract or
subcontract, if the Secretary of Labor also finds that such a waiver
will not interfere with or impede the effectuation of this chapter.
(B) Such waivers shall be considered only upon the request of the
contractor or subcontractor. The Secretary of Labor shall
promulgate regulations that set forth the standards used for
granting such a waiver.

(d) S
The standards used to determine whether this section has been violated in
a complaint alleging nonaffirmative action employment discrimination
under this section shall be the standards applied under title I of the
Americans with Disabilities Act of 1990 (42 U.S.C. 12111 et seq.) and the
provisions of sections 501 through 504, and 510,[1] of the Americans with
Disabilities Act of 1990 (42 U.S.C. 12201–12204 and 12210), as such
sections relate to employment.
(e) A
The Secretary shall develop procedures to ensure that administrative
complaints filed under this section and under the Americans with
Disabilities Act of 1990 [42 U.S.C. 12101 et seq.] are dealt with in a
manner that avoids duplication of effort and prevents imposition of
inconsistent or conflicting standards for the same requirements under this
section and the Americans with Disabilities Act of 1990.
(Pub. L. 93–112, title V, § 503, Sept. 26, 1973, 87 Stat. 393; Pub. L. 95–602,
title I, § 122(d)(1), Nov. 6, 1978, 92 Stat. 2987; Pub. L. 99–506, title I,
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§ 103(d)(2)(B), (C), title X, §§ 1001(f)(2), (3), 1002(e)(3), Oct. 21, 1986,
100 Stat. 1810, 1843, 1844; Pub. L. 100–630, title II, § 206(c), Nov. 7, 1988,
102 Stat. 3312; Pub. L. 102–569, title I, § 102(p)(31), title V, § 505, Oct. 29,
1992, 106 Stat. 4360, 4427.)

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