FAR 52.222-36 — Equal Opportunity for Workers with Disabilities
This clause requires affirmative action to employ qualified individuals with disabilities, implementing Section 503 of the Rehabilitation Act, and sets a national utilization goal contractors must work toward.
- Clause
- FAR 52.222-36
- Applies to
- Contracts over $15,000
- Flows down to subs
- Yes
- Primary risk
- Section 503 utilization goal shortfalls
Key takeaways
- Read the clause as incorporated in your contract — tailoring and alternates change obligations.
- Flowdown obligations are your responsibility; a noncompliant subcontractor is your problem.
- Document compliance contemporaneously; after-the-fact reconstruction rarely satisfies auditors.
- When a clause is unclear, ask the contracting officer in writing before award, not after.
What the clause requires
Covered contractors must take affirmative steps in recruitment, hiring, and advancement of qualified individuals with disabilities, provide reasonable accommodations, and, for larger contractors, track workforce data against the 7% utilization goal by job group.
How to comply in practice
Include disability-inclusive language in job postings, document accommodation request procedures, and if you meet the affirmative action program threshold, track and report utilization data annually.
Common mistakes
Firms treat this as identical to general nondiscrimination and skip the specific data tracking and accommodation documentation OFCCP expects during a compliance evaluation.
FAQ
What is the utilization goal?
7% of each job group, as a benchmark rather than a rigid quota, under Section 503 regulations.
Are accommodations required?
Yes, reasonable accommodation for qualified individuals with disabilities is required absent undue hardship.
Does this apply to small contracts?
It applies to contracts over $15,000, a lower threshold than several related EEO clauses.
Draft a compliant response for $2
RFP Scribe builds your compliance matrix and first draft from the solicitation and your Company Brain.
Get startedServices that help with this
Buy just the piece you need — most start at a few dollars, no subscription required.
Compliance & Readability Scan
$2Verify every FAR requirement is addressed in your proposal.
Buy NowRFP Plain-English Summary
$3Translate dense solicitations with FAR references into actionable checklists.
Buy NowContract Modification Writer
$10Generate compliant modification requests with proper FAR citations.
Buy Now