Chapter 15: Contractor Workforce


Section 1: EEO Requirements

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The Department imposes specific nondiscrimination and affirmative action obligations on federal-aid highway contractors relating to their employment practices under the authority of 23 CFR Part 230, Subpart D, “Construction Contract Equal Opportunity Compliance Procedures”.

Every federal-aid contractor, subcontractor, and material supplier must perform all employment-related activities in full accordance with applicable equal employment opportunity (EEO) statutes, executive orders, regulations, and policies enunciated thereunder, to ensure equal employment opportunity and the treatment of employees without regard to race, color, sex, age, disability, religion, or national origin.

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Contract Provisions

As a recipient of federal funds, the Department must ensure that Federal Highway Administration (FHWA)-required equal employment opportunity requirements are included in direct federal and federal-aid contracts and that contractors are in compliance with those requirements under the Department’s authority. (The Department has no authority under Executive Order 11246 to ensure compliance with or enforce Office of Federal Contract Compliance requirements.)

A contractor's minimum equal opportunity requirements are set forth in FHWA Form 1273, “Required Contract Provisions, Federal-Aid Construction Contracts.” This is a standard document containing required federal EEO contract provisions and proposal notices required to be physically incorporated in each direct federal and federal-aid highway construction contract and subcontract (at any tier) of $10,000 or more. When a contractor signs a direct federal or federal-aid contract of $10,000 or more, the non-discrimination provisions in Form FHWA-1273 constitutes the contractor’s EEO/Affirmative Action Plan standards for that contract.

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Reference the Civil Rights Division (CIV) Technical Assistance Guide for Federal Construction Contractors or contact CIV at (512) 416-4700 for more information regarding contractor federal EEO requirements.

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