Re: SubAwards & Equal Employment Opportunity Donahue, Sherie (LLU) 19 Nov 2007 11:27 EST
Dear Chris, I would like to answer the first part of your question: "My question is, why does this appear in a subaward if it is not in the original grant." The institution agrees to these assurances (and many more) under the Signing Official's login in the Commons (it is under 'Institutional Profile> 'Assurances and Certifications'). Since the assurances are in one central place, they do not need to be included with every grant application. Sherie Donahue eRA Systems Coordinator Loma Linda University -----Original Message----- From: Research Administration List [mailto:xxxxxx@hrinet.org] On Behalf Of Leerin Shields Sent: Monday, November 19, 2007 5:55 AM To: xxxxxx@hrinet.org Subject: Re: [RESADM-L] SubAwards & Equal Employment Opportunity We include this as part of the flowdown for all subs under NIH awards. ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Ms. Leerin K. Shields Subawards Associate Office of Research Administration Johns Hopkins University School of Medicine 733 N. Broadway, BRB 117 Baltimore, MD 21205 vox: (410) 955-8389 fax: (410) 502-7832 ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ CONFIDENTIALITY NOTICE: This message is intended for the use of the individual or entity to which it is addressed and may contain information that is privileged, confidential, and exempt from disclosure under applicable law. If the reader of this message is not the intended recipient or the employee or agent responsible for delivering this message to the intended recipient, you are hereby notified that any dissemination, distribution, or copying of this communication is strictly prohibited. If you have received this communication in error, please immediately notify the sender via reply e-mail and delete the message from your system. >>> Christian Harker <xxxxxx@CAYUSE.COM> 11/17/07 6:29 PM >>> All- An attorney friend associated with a PUI has stumped me and I'm hoping you experts will help. Here's what he asked me: "Are NIH grantees required to comply with Executive Order 11246, entitled "Equal Employment Opportunity", as amended by executive Order 11375, and as supplemented by U.S. DOL regs (41 D.F.R. Ch 60)? It appears that NIH grantees must include this language in any subaward; is that correct?" I immediately thought "WHAT???" and when I asked for some context, he sent me this: =================== "NON-DISCRIMINATION AND EQUAL EMPLOYMENT OPPORTUNITY "The Subawardee agrees to comply with the applicable provisions of the U.S. Civil Rights Act, the Americans with Disabilities Act, Section 504 of the U.S. Rehabilitation Act and th rules applicable to each. The Subawardee shall comply with Executive Order 11246, entitled "Equal Employment Opportunity", as amended by Executive Order 11375, and as supplemented by the U.S. Department of Labor regulations (41 C.F.R. Chapter 60). The Subawardee agrees to incorporate this clause into all Subcontracts under this Contract. "The underlined portion requires the subawardee to create an affirmative action plan and otherwise comply with some pretty daunting administrative procedures. Most entities considering whether to go down this road figure it is at least one FTE to have someone in charge of and running the compliance program. Most small, private colleges and universities would probably not be subject to this regulatory scheme but for the presence of this language in a federal contract they sign. "My question is, why does this appear in a subaward if it is not in the original grant. I am told that it is required by NIH, but I can not find the hook. I did find it on the NEH website, and apparently it is required only on subawards." ======================== Have any of you encountered this? Thanks in advance for any help! - Chris -- Christian Harker, Ph.D. President xxxxxx@cayuse.com Cayuse, Inc. Suite 654, Park Plaza West 10700 SW Beaverton-Hillsdale Hwy. Beaverton, OR 97005 503-297-2108 ext 207 503-297-0414 fax www.cayuse.com ====================================================================== Instructions on how to use the RESADM-L Mailing List, including subscription information and a web-searchable archive, are available via our web site at http://www.hrinet.org (click on "Listserv Lists") ====================================================================== ====================================================================== Instructions on how to use the RESADM-L Mailing List, including subscription information and a web-searchable archive, are available via our web site at http://www.hrinet.org (click on "Listserv Lists") ====================================================================== ====================================================================== Instructions on how to use the RESADM-L Mailing List, including subscription information and a web-searchable archive, are available via our web site at http://www.hrinet.org (click on "Listserv Lists") ======================================================================