When are we required to develop an Affirmative Action Program?

If you have 50 or more employees and a federal contract or subcontract of $50,000 or more, you must develop a written AAP within 120 days of contract award and update it annually. It does not need to be submitted but must be available for OFCCP review.

What must we include in our equal opportunity policy posting?

Post the EEO 'Know Your Rights' poster (updated 2022) at all worksites. It must be visible and accessible to all applicants and employees. Digital posting is acceptable if workers primarily work remotely or digitally.

What is the EEO-1 Report and who must file it?

The EEO-1 Component 1 Report collects workforce demographic data by race, ethnicity, sex, and job category. Employers with 100+ employees OR federal contractors with 50+ employees and $50K+ contracts must file annually with the EEOC.

What triggers an OFCCP compliance evaluation?

OFCCP selects contractors for scheduling letter compliance evaluations annually. Having a contract above $150,000 puts you in the scheduling pool. Complaints filed by employees can also trigger a focused review at any time.

Medium RiskFARLabor

52.222-26 — Equal Opportunity

Last updated: 2026-04-09

Researched by the BidStride Research Team

What This Clause Requires

Prohibits discrimination against employees and applicants for employment based on race, color, religion, sex, sexual orientation, gender identity, or national origin.

Official Regulation Text

See 48 CFR 52.222-26 for the full regulatory text. This clause implements Executive Order 11246, as amended, which prohibits discrimination in employment and requires affirmative action for contractors and subcontractors with federal contracts.
Source: eCFR, 48 CFR 52.222-26

Compliance Checklist

Maintain and post equal opportunity policy
File EEO-1 Reports annually (if 100+ employees)
Develop written Affirmative Action Program (if 50+ employees and $50K+ contract)

Flow-Down to Subcontractors

Flow-down required

This clause must be included in subcontracts with all subcontractors at all tiers where the subcontractor will perform work covered by this clause. Typically appears in contract Sections H, I.

52.222-41Service Contract Labor Standards

Frequently Asked Questions

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This summary is for informational purposes only and reflects the BidStride Research Team's plain-English interpretation of the regulation. It is not legal advice and does not constitute an attorney-client relationship. Always consult the official Federal Acquisition Regulation (FAR) or Defense Federal Acquisition Regulation Supplement (DFARS) text and qualified legal counsel for compliance decisions.