Title 42, The Public Health and WelfareRelease 119-102

§2000e–17 Procedure for Denial, Withholding, Termination, or Suspension of Government Contract Subsequent to Acceptance by Government of Affirmative Action Plan of Employer; Time of Acceptance of Plan

Title 42 › CHAPTER 21 — CIVIL RIGHTS › SUBCHAPTER VI — EQUAL EMPLOYMENT OPPORTUNITIES › § 2000e–17

Last updated Aug 21, 2026|Official source

Summary

A federal agency cannot deny, withhold, stop, or pause a government contract (or part of it) under equal employment rules if the employer has an affirmative action plan the government accepted for that same facility within the last 12 months. The agency must give the employer a full hearing and a formal decision under the federal hearing process first. This protection does not apply if the employer has substantially strayed from the agreed plan. A plan is treated as accepted when the appropriate compliance agency accepts it unless the Office of Federal Contract Compliance disapproves it within 45 days.

Full Legal Text

Title 42, §2000e–17

The Public Health and Welfare, Source: USLM XML via OLRC

No Government contract, or portion thereof, with any employer, shall be denied, withheld, terminated, or suspended, by any agency or officer of the United States under any equal employment opportunity law or order, where such employer has an affirmative action plan which has previously been accepted by the Government for the same facility within the past twelve months without first according such employer full hearing and adjudication under the provisions of section 554 of title 5, and the following pertinent sections: Provided, That if such employer has deviated substantially from such previously agreed to affirmative action plan, this section shall not apply: Provided further, That for the purposes of this section an affirmative action plan shall be deemed to have been accepted by the Government at the time the appropriate compliance agency has accepted such plan unless within forty-five days thereafter the Office of Federal Contract Compliance has disapproved such plan.

Reference

Citations & Metadata

Citation

42 U.S.C. § 2000e–17

Title 42, The Public Health and Welfare

Last Updated

Aug 21, 2026

Release point: 119-102