John Company

AAWSAP Solicitation and Original Order, September 2008

DOW-UAP-D111 · page 47 of 59

Page 47 of 59 of DOW-UAP-D111

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I . SO
52 . 222-36
AFFIRMATIVE ACTION FOR WORKERS WITH DISABILITIES (JUN 1998 )
(a) "General ."
(1 ) Regarding any positi on for which the employee or applicant
for empl oyment i s qualified, the
Contractor shall not discriminate against any employee or applicant because of physical or mental
disabili t y . The Contractor agrees to take a ffirmative acti on to employ, advance in employment ,
and
otherwise treat qualified individuals with disabilities without discrimination based upon their
physical or mental disabilit y i n a l l employment pra ct i ces such a s-­
(i ) Recruitment , advertising, and job application procedures ;
(i i) Hi ring, upgrading, pr omotion, awa rd of tenure,
demotion, t ransfer, l a yof f , termi nati on,
right of return from l ayoff, and rehiring;
(i i i ) Rates of pay or any othe r f or m of compens at i on and
changes in compensation;
(iv) Job assignments, job classifi cations , organizational
structures , position descri ptions,
lines of progressi on, and seniority lists ;
(v) Leaves of absence, sick leave, or any other leave;
(vi) Fringe benefits available by virtue of employment ,
whether or not admini stered by the
Contractor;
(vii ) Selection and financial support for training,
including apprenticeships , professional
meetings ,
conferences , and other related activities, and selection for leaves of absence to pursue
training;
(viii) Activities sponsored by t he Contractor, i ncluding social or recreational programs ; and
(ix) Any other term, condition, or pri vilege of employment .
(2 ) These notices shall be posted in conspicuous places that are available to employees
and applicants for empl oyment . The Contractor shall ensure that applicants and empl oyees with
disabilities are informed of the contents of the
notice (e . g . , the Contractor may have the notice
r ead to
a visua l l y disabl ed i ndivi dual , or may lower the posted notice so t hat it mi ght be read
by a person in a
wheelchair) . The notices shall be in a form prescribed by the Deputy Assistant
Sec r etar y f or Federal Contract
Compli ance of the U. S. Depar t ment of Labor (Deput y
Assistant
Secretary ) and shall be provided by or through
t he Contracting Officer .
(c ) "Noncompl i a nce . " I f t he Cont ract or does not compl y with t he
r equi r ement s of this clause,
appropriate actions may be taken under t he rules, regulations , and relevant orders of the Secretary
issued pursuant to t he Act .
(2 ) The Contractor agrees to comply with t he r ules,
regulations , and relevant orders of the
Secretary of Labor (Secretary) issued under the Rehabilitation Act of 1973 (29 u.s .c. 793) (the
Act ) , as amended .
(b) "Postings . "
(1 ) The Contractor agrees to post employment notices stating-­
(i ) The Contractor ' ' s obligation under the law to take affirmative action to employ and advance
i n employment quali fied i ndividuals with disabilities; and
(ii) The rights of applicants and employees .
(3 ) The Contractor shall notify each labor union or representative of workers with which it has
a coll ective bargaini ng agreement or other contract understanding,
that the Contractor is bound
by the terms of Section 503 of the Act and is committed to take affirmative action to employ, and
adva nce i n empl oyment , qual ifi ed indivi dual s
wi t h physi cal or mental di sabili t i es .
(d ) "Subcontracts . " The Contractor shall include the terms of this clause in every subcontract
or purcha se order i n exce s s of
$10, 000 unl ess e xempted by r ul es, regul ations, or orders of the
Secretary . The Contractor shall act as specified by the Deputy Assistant Secretary to enforce the
terms, incl uding act ion for
noncompliance .
(End of Clause)
I . 51
52 . 222- 37
EMPLOYMENT REPORTS ON SPECIAL DI SABLED VETERANS, VETERANS OF THE VI ETNAM ERA, AND
OTHER ELIGIBLE VETERANS (SEP 2006)
(a) Unless t he Contractor is a State or local government agency,
the Contractor shall report at
least annually, as required by t he Secretary of Labor, on-­
(1 ) The number of special di sabl ed veterans , t he number of veterans of the Vietnam era, and other
eligible veterans in the workforce of the Contractor by job category and hiring l ocation; and
(2 ) The total number of new empl oyees hired duri ng the period covered by the report , and of t he
total, the number of special disabled veterans, the number of veterans of the Vietnam era, and the
number of other e l igibl e veterans;
and
(3 ) The maximum number and the minimum number of employees of the Contractor during the period
covered by the report .
PAGE 47 OF 59 HHM402-08-C-0072