FAR 52.222-36—Equal Opportunity for Workers with Disabilities.
Plain-English Summary
FAR 52.222-36 implements the federal government’s disability nondiscrimination and affirmative action requirements in covered contracts. It tells contractors that they must follow the equal opportunity clause at 41 CFR 60-741.5(a), which prohibits discrimination against qualified individuals on the basis of disability and requires affirmative action to employ and advance such individuals. The clause also requires flowdown to covered subcontracts and purchase orders, so the contractor must extend these obligations to lower-tier suppliers and vendors when the subcontract exceeds the applicable threshold in FAR 22.1408(a). In addition, the clause directs the contractor to take enforcement action as specified by the Director of the Office of Federal Contract Compliance Programs (OFCCP) if a subcontractor or vendor does not comply. The Alternate I text provides a limited waiver mechanism by allowing specified terms of the clause to be listed as waived in the contract preamble when prescribed by FAR 22.1408(b). In practice, this clause is a compliance and contract-administration requirement that affects hiring, advancement, subcontract drafting, and enforcement across the contractor’s supply chain.
Key Rules
Follow OFCCP disability clause
The contractor must abide by the equal opportunity clause at 41 CFR 60-741.5(a), as of March 24, 2014. That clause prohibits discrimination against qualified individuals with disabilities and requires affirmative action in employment and advancement.
No discrimination on disability
The clause makes clear that qualified individuals cannot be treated adversely because of disability. Contractors must ensure employment decisions, workplace practices, and personnel policies comply with the nondiscrimination requirement.
Affirmative action required
This is not just a passive nondiscrimination rule; the contractor must take affirmative action to employ and advance qualified individuals with disabilities. That means proactive compliance efforts, not merely avoiding overt discrimination.
Flow down to covered subcontracts
The contractor must include the clause in every subcontract or purchase order above the threshold in FAR 22.1408(a), unless an exemption applies. The flowdown must bind subcontractors and vendors to the same obligations.
Use proper party substitutions
When flowing the clause down, the contractor may make necessary wording changes to identify the correct parties and their undertakings. The substance of the obligation must remain intact even if the names and roles are adjusted.
Enforce noncompliance
The contractor must act as directed by the OFCCP Director to enforce the clause, including taking action for noncompliance. This means the contractor may need to pursue remedies or corrective steps against a noncompliant subcontractor or vendor.
Alternate I waiver notice
When Alternate I is used under FAR 22.1408(b), the contract preamble must list any waived terms of the clause. The waiver is limited to the terms specifically identified in the notice, not the entire clause unless so stated by the applicable authority.
Responsibilities
Contracting Officer
Insert the clause when prescribed by FAR 22.1408 and use Alternate I only when authorized. The contracting officer must ensure the solicitation and contract reflect any required waiver notice and that the correct clause version is included.
Contractor
Comply with the disability equal opportunity and affirmative action requirements in 41 CFR 60-741.5(a). The contractor must also flow the clause down to covered subcontracts and purchase orders, make necessary party substitutions, and enforce compliance when lower-tier parties do not comply.
Subcontractor or Vendor
If the clause is flowed down, the subcontractor or vendor must comply with the same nondiscrimination and affirmative action obligations applicable to the prime contractor. It must also accept the contractual terms binding it to those requirements.
OFCCP Director
Issue directions for enforcement and noncompliance actions under the clause. The Director’s instructions govern how the contractor must respond when a subcontractor or vendor fails to comply.
Agency
Ensure procurement policies and contract administration practices support proper use of the clause and any authorized waiver language. The agency must also apply the correct threshold and exemption rules when determining whether flowdown is required.
Practical Implications
This clause affects both HR compliance and subcontract management, so contractors should coordinate legal, HR, and procurement teams.
A common pitfall is failing to flow the clause down to all covered purchase orders and subcontracts above the threshold, especially when using standard supplier templates.
Another risk is treating the requirement as only a nondiscrimination rule; the affirmative action obligation requires proactive steps, not just avoiding complaints.
If a subcontractor resists compliance, the prime contractor may still be responsible for taking enforcement action as directed by OFCCP, so supplier oversight matters.
When Alternate I is used, contractors should verify exactly which terms are waived and ensure the contract preamble lists them clearly to avoid ambiguity.
Official Regulatory Text
As prescribed in 22.1408 (a) , insert the following clause: Equal Opportunity for Workers with Disabilities (Jun 2020) (a) Equal opportunity clause. The Contractor shall abide by the requirements of the equal opportunity clause at 41 CFR 60-741 .5(a), as of March 24, 2014. This clause prohibits discrimination against qualified individuals on the basis of disability, and requires affirmative action by the Contractor to employ and advance in employment qualified individuals with disabilities. (b) Subcontracts. The Contractor shall include the terms of this clause in every subcontract or purchase order in excess of the threshold specified in Federal Acquisition Regulation (FAR) 22.1408 (a) on the date of subcontract award, unless exempted by rules, regulations, or orders of the Secretary, so that such provisions will be binding upon each subcontractor or vendor. The Contractor shall act as specified by the Director, Office of Federal Contract Compliance Programs of the U.S. Department of Labor, to enforce the terms, including action for noncompliance. Such necessary changes in language may be made as shall be appropriate to identify properly the parties and their undertakings. (End of clause) Alternate I (Jul 2014) . As prescribed in 22.1408 (b), add the following as a preamble to the clause: Notice: The following term(s) of this clause are waived for this contract: _______________ [ List term(s) ] .