C.F.R. » Title 41 » CHAPTER 60—OFFICE OF FEDERAL CONTRACT COMPLIANCE PROGRAMS, EQUAL EMPLOYMENT OPPORTUNITY, DEPARTMENT OF LABOR › PART 60-741—AFFIRMATIVE ACTION AND NONDISCRIMINATION OBLIGATIONS OF FEDERAL CONTRACTORS AND SUBCONTRACTORS REGARDING INDIVIDUALS WITH DISABILITIES › Subpart A—Preliminary Matters, Equal Opportunity Clause

41 C.F.R. § 60-741.1

Purpose, applicability, and construction

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(a) Purpose. The purpose of this part is to set forth the standards for compliance with section 503 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 793), which prohibits discrimination against individuals with disabilities and requires Government contractors and subcontractors to take affirmative action to employ and advance in employment qualified individuals with disabilities.

(b) Applicability. This part applies to all Government contracts and subcontracts in excess of $10,000 for the purchase, sale or use of personal property or nonpersonal services (including construction): Provided, That subpart C of this part applies only as described in § 60-741.40(a). Compliance by the contractor with the provisions of this part will not necessarily determine its compliance with other statutes, and compliance with other statutes will not necessarily determine its compliance with this part: Provided, That compliance shall also satisfy the employment provisions of the Department of Labor's regulations implementing section 504 of the Rehabilitation Act of 1973 (see 29 CFR 32.2(b)) when the contractor is also subject to those requirements.

(c) Construction—(1) In general. Except as otherwise provided in this part, this part does not apply a lesser standard than the standards applied under title I of the Americans with Disabilities Act (ADA) of 1990, as amended, (42 U.S.C. 12101 et seq.) or the regulations issued by the Equal Employment Opportunity Commission pursuant to that title (29 CFR part 1630). The Interpretive Guidance on Title I of the Americans with Disabilities Act set out as an appendix to 29 CFR part 1630 issued pursuant to that title may be relied upon for guidance in interpreting the parallel non-discrimination provisions of this part.

(2) Benefits under State worker's compensation laws. Nothing in this part alters the standards for determining eligibility for benefits under State worker's compensation laws or under State and Federal disability benefit programs.

(3) Relationship to other laws. This part does not invalidate or limit the remedies, rights, and procedures under any Federal law or the law of any State or political subdivision that provides greater or equal protection for the rights of individuals with disabilities as compared to the protection afforded by this part. It may be a defense to a charge of violation of this part that a challenged action is required or necessitated by another Federal law or regulation, or that another Federal law or regulation prohibits an action (including the provision of a particular reasonable accommodation) that would otherwise be required by this part.

Notes of Decisions
Cited in 8 cases, 1977–1993 · leading case: Alfred Brown, William King & Willie James Mallett, Individually & on Behalf of All Others Similarly Situated v. Robert R. Sibley, Etc., 650 F.2d 760 (5th Cir. 1981).
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Alfred Brown, William King & Willie James Mallett, Individually & on Behalf of All Others Similarly Situated v. Robert R. Sibley, Etc., 650 F.2d 760 (5th Cir. 1981). “The right secured to a handicapped person by section 503 is that of filing with the Department of Labor a complaint stating his belief that a “contractor has failed or refuses to comply with the provisions of his contract with the United States, relating to employment of…”
Drennon v. Philadelphia Gen. Hosp., 428 F. Supp. 809 (E.D. Pa. 1977). “§ 794 , and the ambit of § 794 is different from that of § 793, see 41 C.F.R. § 60-741.1 , nonetheless'there are common issues which permeate plaintiff’s claims under both sections of the Rehabilitation Act.”
Braun v. Am. Int'l Health & Rehab. Servs., Inc., 846 P.2d 1151 (Or. 1993). · cites it 2× “The legislative history of HB 3126 reveals that the language in the final version of the bill was derived from regulations promulgated under section 503 ( 41 CFR §§ 60-741.1 to 60-741.54). 13 Tape recording, House Committee *468 on Labor, June 18, 1979, Tape 35, Side 2 at…”
Joel T. Howard v. Uniroyal, Inc., 719 F.2d 1552 (11th Cir. 1983). “Regulations have been promulgated governing the affirmative action obligations of contractors and subcontractors or handicapped individuals, and are found at 41 C.F.R. § 60-741.1 et seq. (1983). The uniform affirmative action clause required pursuant to section 503(a) is set…”
Hart v. Cnty. of Alameda, 485 F. Supp. 66 (N.D. Cal. 1979). “The Department of Labor has promulgated an extensive set of regulations which provide, inter alia, for agency investigation, negotiation, conciliation and, if necessary, judicial enforcement of agency sanctions.”
William Fisher v. City of Tucson, an Inc. Mun., 663 F.2d 861 (9th Cir. 1981). “The administrative enforcement scheme is provided at 41 C.F.R. §§ 60-741.1 through 60-741.54. .”
Sneed v. Am. Bank Stationary Co., 764 F. Supp. 65 (W.D. Va. 1991). “§ 793 (a); 41 C.F.R. § 60-741.1 (1990). Defendant has submitted affidavits from Mr.”
Meyerson v. Arizona, 709 F.2d 1235 (9th Cir. 1983). “The administrative mechanism for enforcing the Act is set out at 41 C.F.R. §§ 60-741.1 through 60-741.54. Under these provisions, any government contract or subcontract for more than $2,500 must contain an affirmative action clause.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.