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#1996918 - 02/19/15 05:35 PM Equal Opportunity Clauses in Contracts
JPJ Offline
Member
Joined: Jun 2011
Posts: 51
Iowa
I have not found much discussion about Equal Opportunity Clauses in other threads (other than the question coming up in this discussion about Affirmative Action Plans). How are most banks handling these?

Do you require an EO Clause in all of your vendor contracts? Or perhaps certain contracts (based on dollar thresholds or specific services provided)? What do you document if a vendor refuses to incorporate the clause?

For reference, FDIC-insured banks (or NCUA-insured CUs) are considered "federal contractors" for Department of Labor purposes (clarified in these DOL FAQs). It appears federal contractors are required to incorporate three Equal Opportunity Clauses in contracts with subcontractors or vendors (with some exemptions). The three EO clauses are required by Executive Order 11246 (41 CFR 60-1.4), the Vietnam Era Veterans' Readjustment Assistance Act of 1974 (41 CFR 60-300.5), and Section 503 of the Rehabilitation Act of 1973 (Individuals with Disabilities, 41 CFR 60-741.5). The DOL provides sample language combining all three clauses in these FAQs (question 2 under Equal Opportunity Clause).

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General Discussion
#1997078 - 02/19/15 09:30 PM Re: Equal Opportunity Clauses in Contracts JPJ
Rocky P Offline
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Joined: Jun 2003
Posts: 7,818
Florida
I don't have it available right now, but I believe in March 2014, there was a law passed requiring eeo language if the contract value is over $50K and eeo and veteran language if over $100k
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#1997836 - 02/24/15 05:27 PM Re: Equal Opportunity Clauses in Contracts JPJ
JPJ Offline
Member
Joined: Jun 2011
Posts: 51
Iowa
This appears to be more of an HR topic, but I've been interested for vendor management / contract language concerns. From what I can find, I think at least two of the EO clauses are required for contracts exceeding $10k. The veteran language threshold appears to be $100k, but it might be easier to apply the $10k rule of thumb to all. There is a $50k threshold for establishing a formal Affirmative Action Program and completing the EEO-1 report (if more than 50 employees).

For now, we plan to ask future vendors to insert the DOL's sample combined language in any contract that clearly exceeds $10k. If/when vendors refuse, we will likely send a follow-up letter to document our good faith effort to comply with the requirements. Here's the DOL's sample language combining the three clauses (bold text is required):

This contractor and subcontractor shall abide by the requirements of 41 CFR 60-1.4(a), 60-300.5(a) and 60-741.5(a). These regulations prohibit discrimination against qualified individuals based on their status as protected veterans or individuals with disabilities, and prohibit discrimination against all individuals based on their race, color, religion, sex, sexual orientation, gender identity or national origin. Moreover, these regulations require that covered prime contractors and subcontractors take affirmative action to employ and advance in employment individuals without regard to race, color, religion, sex, sexual orientation, gender identity, national origin, disability or veteran status.

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#1997914 - 02/24/15 07:03 PM Re: Equal Opportunity Clauses in Contracts JPJ
Rocky P Offline
Power Poster
Joined: Jun 2003
Posts: 7,818
Florida
You got it!
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Integrity. With it, nothing else matters. Without it, nothing else matters.

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#2008891 - 04/17/15 09:50 PM Re: Equal Opportunity Clauses in Contracts Rocky P
mmason Offline
Gold Star
Joined: Nov 2001
Posts: 447
New England
How far down the vendor list does this extend? Is it only if we have a contract? For example, we pay appraisers more than $10,000 over the course of a year, but we do not have contracts with them.

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