FAR and DFARS › FAR Part 22: Application of Labor Laws to Government Acquisitions › Subpart 22.8

FAR 22.802 General.

The codified text (eCFR, as of 2026-10-02). Under the Revolutionary FAR Overhaul ↗, agencies follow class deviations with new text for many parts while the formal rules go through the Federal Register: check the solicitation and your contract's clauses, which rule.

In plain English

This section explains that Executive Order 11246 requires agencies to include the Equal Opportunity clause in most contracts and subcontracts and to enforce compliance with it. It also prohibits contractors from discriminating against employees or applicants who discuss or disclose their compensation, with a limited exception for those whose job duties involve access to such information. Contractors found ineligible for noncompliance cannot receive new contracts or subcontract approvals.

Applies to: Agencies and contractors or subcontractors subject to Executive Order 11246

What it requires

  • Include the Equal Opportunity clause in all nonexempt contracts and subcontracts
  • Do not discriminate against employees or applicants because they inquired about, discussed, or disclosed compensation
  • Do not enter into a new contract or modification involving new acquisition with a person found ineligible by the Deputy Assistant Secretary for noncompliance
  • Do not contract for supplies or services in a way that avoids the requirements of E.O. 11246

Key terms: Executive Order 11246 · Equal Opportunity clause · nonexempt contracts · Deputy Assistant Secretary · compensation information

Written by AI from this section's text. A guide, not legal advice: the text below rules.

The text

(a) Executive Order 11246, as amended, sets forth the Equal Opportunity clause and requires that all agencies—

(1) Include this clause in all nonexempt contracts and subcontracts (see 22.807); and

(2) Act to ensure compliance with the clause and the regulations of the Secretary of Labor—

(i) To promote the full realization of equal employment opportunity for all persons, regardless of race, color, religion, sex, sexual orientation, gender identity, or national origin; and

(ii) To prohibit contractors from discharging, or in any other manner discriminating against, any employee or applicant for employment because the employee or applicant inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This prohibition against discrimination does not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information.

(b) No contract or modification involving new acquisition shall be entered into, and no subcontract shall be approved by a contracting officer, with a person who has been found ineligible by the Deputy Assistant Secretary for reasons of noncompliance with the requirements of E.O. 11246.

(c) No contracting officer or contractor shall contract for supplies or services in a manner so as to avoid applicability of the requirements of E.O. 11246.

(d) Contractor disputes related to compliance with its obligation shall be handled according to the rules, regulations, and relevant orders of the Secretary of Labor (see 41 CFR 60-1.1).

Sections it refers to

Sections that refer to it

  • 22.801 Definitions.
  • 22.807 Exemptions.
  • 22.810 Solicitation provisions and contract clauses.
  • 237.7204 Format and clauses for educational service agreements.

← 22.801 Definitions. · 22.803 Responsibilities. →

Rule changes for FAR Part 22

Source: eCFR, 48 CFR chapters 1 and 2 (GPO GovInfo bulk data) ↗. Plain words for the terms: glossary.

FAR 22.802 General · SpendQuery