FAR 22.901—Policy.
Plain-English Summary
FAR 22.901 states the Government’s policy on age discrimination in federal contracting, implementing Executive Order 11141. It covers three main subjects: first, the prohibition on contractors and subcontractors discriminating against employees or applicants because of age in hiring, advancement, discharge, and other terms, conditions, or privileges of employment; second, the restriction on using maximum age limits in job solicitations or advertisements for work on Government contracts; and third, the role of agencies in informing contractors of this policy. The section also identifies the limited exceptions where age-based distinctions may be allowed: a bona fide occupational qualification, a retirement plan, or a statutory requirement. In practice, this means contractors must ensure employment decisions tied to federal contract work are age-neutral unless a legally recognized exception applies, and they must be careful about how they advertise openings. The section is policy-focused and expressly states that use of contract clauses is not required, so compliance is driven by the policy itself and agency communication rather than a mandatory FAR clause in every contract.
Key Rules
No age discrimination
Contractors and subcontractors may not discriminate against persons because of age in employment-related decisions connected with Government contract work. This applies to hiring, advancement, discharge, and the terms, conditions, or privileges of employment.
Limited exceptions allowed
Age-based distinctions are permitted only when they are justified by a bona fide occupational qualification, a retirement plan, or a statutory requirement. These exceptions are narrow and must be supportable if challenged.
No maximum age ads
Contractors, subcontractors, and anyone acting for them may not state a maximum age limit in solicitations or advertisements for employees to work on Government contracts unless one of the recognized exceptions applies. The rule is aimed at preventing age-screening at the recruiting stage.
Agency notice role
Agencies are responsible for bringing this policy to the attention of contractors. The section does not require a specific contract clause, so notice and awareness are the primary implementation tools.
No mandatory clause
The policy expressly says that use of contract clauses is not required. This means the obligation exists as a matter of Government policy even when a particular contract does not include a dedicated FAR clause.
Responsibilities
Contractors
Avoid age-based discrimination in all employment actions related to Government contract performance, including hiring, promotion, discipline, discharge, and other employment terms. Ensure recruiting materials and job advertisements do not impose maximum age limits unless a valid exception applies.
Subcontractors
Follow the same age-discrimination and advertising restrictions as prime contractors when working on Government contract-related employment matters. Maintain compliant employment practices for personnel assigned to or recruited for federal contract work.
Persons acting on behalf of contractors or subcontractors
Do not include maximum age limits in solicitations or advertisements for employees to work on Government contracts unless supported by a bona fide occupational qualification, retirement plan, or statutory requirement. Their conduct is treated as part of the contractor’s compliance risk.
Agencies
Inform contractors of the Government’s age-discrimination policy. Agencies do not need to rely on a mandatory contract clause to make the policy effective, but they should ensure contractors are aware of the requirement.
Practical Implications
Contractors should review recruiting language, job postings, and staffing vendor instructions to make sure no age ceiling appears unless a narrow exception clearly applies.
Employment decisions for contract-related personnel should be documented and based on legitimate, age-neutral criteria to reduce the risk of discrimination claims.
A bona fide occupational qualification is not the same as a preference for younger workers; it must be genuinely necessary for the job and should be used sparingly.
Because no contract clause is required, contractors should not assume silence in the contract means the policy does not apply.
Agencies and contractors should treat this as a compliance and equal-employment issue that can affect contract performance, protests, complaints, and broader labor-law exposure.
Official Regulatory Text
Executive Order 11141, February 12,1964 (29 FR2477), states that the Government policy is as follows: (a) Contractors and subcontractors shall not, in connection with employment, advancement, or discharge of employees, or the terms, conditions, or privileges of their employment, discriminate against persons because of their age except upon the basis of a bona fide occupational qualification, retirement plan, or statutory requirement. (b) Contractors and subcontractors, or persons acting on their behalf, shall not specify in solicitations or advertisements for employees to work on Government contracts, a maximum age limit for employment unless the specified maximum age limit is based upon a bona fide occupational qualification, retirement plan, or statutory requirement. (c) Agencies will bring this policy to the attention of contractors. The use of contract clauses is not required.