National Roofing Legal Resource Center

Mandatory Anti-discrimination in Employment Contract Provision for all Federally Funded Construction Contracts More Than $10,000

This month, instead of drafting a new contract provision, we are highlighting a provision from Section II of federal form FHWA-1273, which contains the mandatory terms a roofing contractor must include in his or her contract or subcontract for federal construction projects exceeding $10,000.

Any roofing contractor or subcontractor who does more than $10,000 in yearly business on a federal government construction project or a project that receives federal funding must physically incorporate (not by reference) Form FHWA-1273 into all contracts. By including this form in the contract, a roofing contractor is agreeing he or she will comply with all federal laws prohibiting employment discrimination on the basis of race, color, religion, sex, sexual orientation, gender identity, national origin or disability. Importantly, these federal anti-discrimination employment laws (and the related provisions in the contract) not only require a roofing contractor to not discriminate in employment actions, but it also requires roofing contractors to take affirmative steps to ensure applicants involved in the federal construction project are hired and treated during employment without regard to their race, color, religion, sex, national origin or disability. Additionally, roofing contractors are required to ensure all their subcontractors or suppliers under the contract are aware of, and in compliance with, these same equal employment laws.

Paragraph II.8. of the form, which is highlighted above, specifically addresses a roofing contractor's legal duty to provide a person with a disability a reasonable accommodation if one is needed for him or her to be able to perform his or her job. An employer only is required to provide a reasonable accommodation that is not unduly burdensome, whether that means financially or in terms of disruption to operations. As part of a federal roofing contractor's affirmative action duties, the law requires roofing contractors to invite potential and future employees to voluntarily disclose whether they have a disability for purposes of outreach and recruitment efforts and developing reasonable accommodation plans if needed. In these instances, or if an employee approaches the roofing contractor with a request for an accommodation because of a health issue or physical limitation, it is important to engage in an interactive process with the employee to determine what type of accommodation is needed based on that employee's specific needs and how that can be achieved without posing an undue burden to the roofing contractor, the employer.

For additional compliance assistance, check out the Department of Labor's Disability Nondiscrimination Law Advisor resource page, webapps.dol.gov/elaws/odep.htm. Compliance with federal anti-discrimination laws can be complex and often depends on case-by-case circumstances, so it may be important to contact an attorney for further guidance.

Section II.8—Reasonable Accommodation for Applicants/Employees with Disabilities: The contractor must be familiar with the requirements for and comply with the Americans with Disabilities Act and all rules and regulations established there under. Employers must provide reasonable accommodation in all employment activities unless to do so would cause an undue hardship.


5/25/2018



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