Affirmative action enforcement and penalties

- The OFCCP enforces several discrimination regulations for federal contractors.
- Federal contractors that violate affirmative action provisions may be subject to OFCCP penalties.
The Office of Federal Contract Compliance Programs (OFCCP), under the Department of Labor, enforces:
- Executive Order 11246, as amended;
- Section 503 of the Rehabilitation Act of 1973, as amended; and
- The affirmative action provisions (Section 4212) of the Vietnam Era Veterans’ Readjustment Assistance Act, as amended.
Taken together, these laws ban discrimination and require federal contractors and subcontractors to take affirmative action to ensure that all individuals have an equal opportunity for employment, without regard to race, color, religion, sex, sexual orientation, gender identity, national origin, disability, or protected veteran status.
The OFCCP requires a contractor, as a condition of having a federal contract, to engage in a self-analysis for the purpose of discovering any barriers to equal employment opportunity. OFCCP also investigates complaints of discrimination.
Penalties
If the OFCCP determines that a contractor has violated the affirmative action provisions, it may impose sanctions, including:
- Requiring changes in the plan, company procedures, or hiring and pay practices;
- Canceling, terminating, or suspending a contract; or
- Debarring the contractor from future government contracts.