Overview
This section outlines the federal policy established by Executive Order 11141, which prohibits age-based discrimination by government contractors and subcontractors in all aspects of employment.
Key Rules
- Prohibition of Discrimination: Contractors and subcontractors are forbidden from discriminating based on age regarding the hiring, advancement, discharge, or general terms and conditions of employment.
- Advertising Restrictions: Solicitations or advertisements for employees working on government contracts may not specify a maximum age limit.
- Permitted Exceptions: Age-based actions or limitations are only allowed when based on a bona fide occupational qualification, a legitimate retirement plan, or a specific statutory requirement.
- Agency Responsibility: Federal agencies are required to notify contractors of this policy, though the FAR does not require a specific contract clause to be inserted to make this policy effective.
Practical Implications
- Contractors must ensure their recruitment and HR practices are age-neutral, as the policy applies even without a formal clause in the contract.
- Legal and compliance teams must be prepared to justify any age-related restrictions as "bona fide occupational qualifications" to avoid violating Executive Order 11141.