FAR 22.809—Enforcement.
Plain-English Summary
FAR 22.809 explains the enforcement tools available when a contractor is found to be in violation of Executive Order 11246, the Secretary of Labor’s implementing regulations, or the applicable equal employment opportunity contract clauses. It covers the process trigger—written notification to the contracting officer by the Deputy Assistant Secretary—and the range of possible consequences, including publication of the contractor’s name, cancellation, termination, or suspension of contracts, debarment from future contracts or contract changes, and referral to the Department of Justice or the EEOC for civil or criminal action. In practice, this section is the enforcement backstop for federal equal employment opportunity and affirmative action requirements in covered contracts. It matters because violations can affect not only the current contract but also the contractor’s ability to win or keep future federal work. The section also shows that enforcement is not limited to contract administration remedies; it can escalate into broader administrative and legal sanctions. For contractors, this means compliance failures can create immediate business, reputational, and legal risk. For contracting officers, it means they may be directed to take action once the responsible labor/equal employment authority has made a formal finding and notification.
Key Rules
Written notice triggers action
The Deputy Assistant Secretary must provide written notification to the contracting officer before enforcement actions under this section are directed. This written notice is the formal trigger for the contracting officer to act on the violation.
Public disclosure is allowed
One possible enforcement measure is publication of the names of the contractor or its unions. This is a reputational sanction intended to identify violators publicly.
Contracts may be stopped
The Government may cancel, terminate, or suspend the contractor’s contracts, or part of them, as an enforcement response. This can affect ongoing performance and payment streams.
Future eligibility can be restricted
The contractor may be debarred from future Government contracts, and even from extensions or modifications of existing contracts, until it demonstrates compliant personnel and employment policies and actual implementation of those policies.
Referral for legal proceedings
The Deputy Assistant Secretary may refer matters arising under E.O. 11246 to the Department of Justice or the EEOC for appropriate civil or criminal proceedings. This means violations can move beyond administrative enforcement into litigation or prosecution.
Other sanctions may apply
The section states that these actions may be taken along with administrative sanctions and penalties. The listed remedies are not exclusive, so additional enforcement consequences may be available under the applicable rules.
Responsibilities
Deputy Assistant Secretary
Determine whether a contractor has violated E.O. 11246, the Secretary of Labor’s regulations, or the applicable contract clauses, and issue written notification to the contracting officer. The Deputy Assistant Secretary may then direct publication, contract cancellation/termination/suspension, debarment, or referral to DOJ or EEOC.
Contracting Officer
Receive the written notification and carry out the directed enforcement actions within the contracting function, including contract administration steps such as suspension, termination, cancellation, or other contract adjustments as authorized.
Contractor
Comply with E.O. 11246, the Secretary of Labor’s regulations, and the contract clauses, and if found noncompliant, establish and carry out personnel and employment policies that bring the company into compliance to avoid or end debarment and related sanctions.
Department of Justice
Receive referrals from the Deputy Assistant Secretary and consider whether civil or criminal proceedings are appropriate based on the matter referred.
Equal Employment Opportunity Commission (EEOC)
Receive referrals from the Deputy Assistant Secretary and consider appropriate enforcement or legal action within its authority.
Unions
If identified in a violation context, may be subject to publication of their names as part of the enforcement response.
Practical Implications
A violation under E.O. 11246 can quickly become a contract performance problem, not just a compliance issue, because the Government may suspend, terminate, or cancel work.
Debarment can reach beyond the current contract and block future awards, extensions, and modifications, so contractors should treat equal employment compliance as a business-critical control.
The publication remedy creates reputational risk for both contractors and unions, which can affect labor relations and future source selections.
Because referrals can go to DOJ or the EEOC, serious violations may lead to litigation or criminal exposure in addition to administrative sanctions.
Contractors should maintain documented, implemented personnel and employment policies—not just written plans—because compliance must be established and carried out to end debarment risk.
Official Regulatory Text
Upon written notification to the contracting officer, the Deputy Assistant Secretary may direct one or more of the following actions, as well as administrative sanctions and penalties, be taken against contractors found to be in violation of E.O. 11246, the regulations of the Secretary of Labor, or the applicable contract clauses: (a) Publication of the names of the contractor or its unions. (b) Cancellation, termination, or suspension of the contractor’s contracts or portion thereof. (c) Debarment from future Government contracts, or extensions or modifications of existing contracts, until the contractor has established and carried out personnel and employment policies in compliance with E.O. 11246 and the regulations of the Secretary of Labor. (d) Referral by the Deputy Assistant Secretary of any matter arising under E.O. 11246 to the Department of Justice or to the Equal Employment Opportunity Commission (EEOC) for the institution of appropriate civil or criminal proceedings.