Contractors shall not discriminate on the basis of race, color,
religion, sex, or national origin when hiring or making employee
assignments for work to be performed in the United States or abroad.
Contractors are exempted from this obligation only when hiring persons
outside the United States for work to be performed outside the United
States (see 41 CFR 60-1.5(a)(3)). Therefore, a contractor hiring workers
in the United States for either Federal or nonfederally connected work
shall be in violation of Executive Order 11246, as amended, by refusing
to employ or assign any person because of race, color, religion, sex, or
national origin regardless of the policies of the country where the work
is to be performed or for whom the work will be performed. Should any
contractor be unable to acquire a visa of entry for any employee or
potential employee to a country in which or with which it is doing
business, and which refusal it believes is due to the race, color,
religion, sex, or national origin of the employee or potential employee,
the contractor must immediately notify the Department of State and the
Deputy Assistant Secretary of such refusal.
[43 FR 49240, Oct. 20, 1978, as amended at 62 FR 66971, Dec. 22, 1997]
