by Jon A. Geier, Kenneth W. Gage, Tammy Daub, and Regan Herald
Employers who become federal contractors assume a litany of obligations,
only some of which apply to non-contractor employers. Both
federal contractors and non-contractors may “not discriminate against
any employee or applicant for employment because of race, color, religion,
sex, sexual orientation, gender identity, or national origin.” But,
unlike non-contractors, federal contractors must “take affirmative action
to ensure that applicants are employed, and that employees are
treated during employment, without regard to their [protected characteristics].” Federal contractors must be especially mindful of abiding
by these obligations because the potential consequences for noncompliance
go far beyond the usual damages other employers face in discrimination
cases. Contractors run the risk of losing a customer and, in
some cases, a very significant customer—the federal government.