AAWSAP Solicitation and Original Order, September 2008
DOW-UAP-D111 · page 47 of 59
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(End of Cl ause) 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