[Code of Federal Regulations] [Title 41, Volume 1] [Revised as of July 1, 2006] From the U.S. Government Printing Office via GPO Access [CITE: 41CFR60-741.1] [Page 197-198] TITLE 41--PUBLIC CONTRACTS AND PROPERTY MANAGEMENT DEPARTMENT OF LABOR PART 60-741_AFFIRMATIVE ACTION AND NONDISCRIMINATION OBLIGATIONS OF CONTRACTORS AND SUBCONTRACTORS REGARDING INDIVIDUALS WITH DISABILITIES --Table of Contents Subpart A_Preliminary Matters, Equal Opportunity Clause Sec. 60-741.1 Purpose, applicability, and construction. Subpart A_Preliminary Matters, Equal Opportunity Clause Sec. 60-741.1 Purpose, applicability and construction. 60-741.2 Definitions. 60-741.3 Exceptions to the definitions of ``individual with a disability'' and ``qualified individual with a disability.'' 60-741.4 Coverage and waivers. 60-741.5 Equal opportunity clause. Subpart B_Discrimination Prohibited 60-741.20 Covered employment activities. 60-741.21 Prohibitions. 60-741.22 Direct threat defense. 60-741.23 Medical examinations and inquiries. 60-741.24 Drugs and alcohol. 60-741.25 Health insurance, life insurance and other benefit plans. Subpart C_Affirmative Action Program 60-741.40 Applicability of the affirmative action program requirement. 60-741.41 Availability of affirmative action program. 60-741.42 Invitation to self-identify. 60-741.43 Affirmative action policy. 60-741.44 Required contents of affirmative action programs. 60-741.45 Sheltered workshops. Subpart D_General Enforcement and Complaint Procedures 60-741.60 Compliance evaluations. 60-741.61 Complaint procedures. 60-741.62 Conciliation agreements. 60-741.63 Violations of Conciliation Agreements. 60-741.64 Show cause notices. 60-741.65 Enforcement proceedings. 60-741.66 Sanctions and penalties. 60-741.67 Notification of agencies. 60-741.68 Reinstatement of ineligible contractors. 60-741.69 Intimidation and interference. 60-741.70 Disputed matters related to compliance with the act. [[Page 198]] Subpart E_Ancillary Matters 60-741.80 Recordkeeping. 60-741.81 Access to records. 60-741.82 Labor organizations and recruiting and training agencies. 60-741.83 Rulings and interpretations. 60-741.84 Effective date. Appendix A to Part 60-741--Guidelines on a Contractor's Duty To Provide Reasonable Accommodation Appendix B to Part 60-741--Sample Invitation To Self-Identify Appendix C to Part 60-741--Review of Personnel Processes Appendix D to Part 60-741--Guidelines Regarding Positions Engaged in Carrying Out a Contract Authority: 29 U.S.C. 706 and 793; and E.O. 11758 (3 CFR, 1971-1975 Comp., p. 841). Source: 61 FR 19350, May 1, 1996, unless otherwise noted. (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 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 Sec. 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 of 1990 (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 provisions of this part. (2) 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.