Office of Federal Contract Compliance Programs

HOME NEWS REGSENSE INSTITUTE EDGE EXPERT HELP EVENTS FORUMS

...

Overview of OFCCP mission and program

The Office of Federal Contract Compliance Programs (OFCCP) administers and enforces three equal employment opportunity laws that apply to Federal government contractors and subcontractors supplying goods and services, including construction, to the Federal Government: Executive Order 11246, Section 503, and the affirmative action provisions of the Vietnam Era Veterans’ Readjustment Assistance Act of 1974 (VEVRAA). The OFCCP monitors compliance with these laws primarily through compliance evaluations, during which a compliance officer examines the contractor’s affirmative action efforts and employment practices. The OFCCP also investigates complaints filed by individuals alleging employment discrimination on the basis of race, color, sex, religion, nation origin, disability or status as a protected veteran.

The OFCCP encourages voluntary compliance and provides technical assistance regarding the requirements of the equal employment opportunity laws that apply to more than 200,000 nonconstruction (supply and service) and construction contractors and subcontractors. The OFCCP maintains a national office in Washington, DC, six regional offices and several district offices within each region throughout the United States.

OFCCP responsibilities

The OFCCP carries out its enforcement responsibilities by:

Offering technical assistance to Federal contractors/subcontractors to help them understand regulatory requirements and the compliance evaluation process.
Conducting compliance evaluations and complaint investigations of Federal contractors’ and subcontractors’ personnel policies and practices.
Forming linkage agreements between contractors/subcontractors and the Department of Labor’s employment and training programs, outside organizations and recruitment sources to help employers identify and recruit qualified employees.
Negotiating agreements, including formal Conciliation Agreements with contractors and subcontractors found in violation of regulatory requirements.
Monitoring contractors’ and subcontractors’ progress in fulfilling the terms of their conciliation agreements through periodic compliance reports.
And when necessary, recommending enforcement actions to the Solicitor of Labor.

Overview of laws administered by OFCCP

The OFCCP is responsible for enforcing Federal laws and regulations which prohibit 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, national origin, disability or status as a protected veteran. The OFCCP is responsible for administering:

Executive Order 11246,

as amended, which prohibits discrimination and requires affirmative action to ensure equal employment opportunity without regard to race, color, sex, religion and/or national origin; and the implementing regulations at 41 CFR Parts 60-1 through 60-50. Generally, all contractors and subcontractors holding non-exempt Federal and federally assisted construction contracts and subcontracts exceeding $10,000 must comply with Executive Order 11246. The regulations implementing the Executive Order establish different affirmative action requirements for construction and nonconstruction (supply and service) contractors. While all covered Government contractors and subcontractors, both construction and nonconstruction, are required to take affirmative action, nonconstruction (supply and service) contractors that meet the 50 employee/$50,000 contract thresholds are required to develop and maintain a written Executive Order 11246 affirmative action program.

Section 503 of the Rehabilitation Act of 1973,

as amended, (Section 503), which prohibits discrimination and requires affirmative action in all personnel practices for qualified individuals with disabilities; and the implementing regulations at 41 CFR Part 60-741. These requirements apply to contractors and subcontractors with a covered Federal contract or subcontract valued in excess of $10,000. In addition, the regulations implementing Section 503 require that covered contractors and subcontractors with a Government contract or subcontract of $50,000 or more and 50 or more employees develop and maintain a written Section 503 affirmative action program.

The affirmative action provisions of the Vietnam Era Veterans’ Readjustment Assistance Act of 1974,

as amended, 38 U.S.C. 4212 (VEVRAA), which prohibits discrimination and requires affirmative action in all personnel practices for special disabled veterans, veterans of the Vietnam era, and any other veterans who served on active duty during a war or in a campaign or expedition for which a campaign badge has been authorized; and the implementing regulations at 41 CFR Part 60-2501. These requirements apply to contractors and subcontractors with a covered Federal contract or subcontract of $25,000 or more. In addition, the regulations implementing VEVRAA require that covered contractors and subcontractors with a Government contract or subcontract of $50,000 or more and 50 or more employees develop and maintain a written VEVRAA affirmative action program.

The Veterans Employment Opportunities Act of 1998 (VEOA), Public Law 105-339, increased the threshold for coverage under VEVRAA from a contract of $10,000 or more to a contract of $25,000 or more, and extended the law’s protections to “veterans who served on active duty during a war or in a campaign or expedition for which a campaign badge has been authorized.” The existing VEVRAA regulations do not yet reflect the changes made by the VEOA. OFCCP is planning to publish for notice and comment regulatory provisions that reflect the new coverage threshold and the additional groups of veterans entitled to protections under VEVRAA in the very near future. These materials refer to the existing regulations; however, nothing prohibits a contractor from applying the same standards to other war or campaign veterans.

Shared responsibility

OFCCP shares enforcement responsibilities with other Federal agencies in the administration of the following laws:

Immigration Reform and Control Act of 1986 (IRCA),

requires employers to keep certain records (I-9 forms) for the U.S. Immigration and Naturalization Service which verify their employees’ eligibility to work in the U.S. (i.e., proof of citizenship or authorization to work).

Title I of the Americans with Disabilities Act of 1990 (ADA),

prohibits employment discrimination by employers with 15 or more employees against qualified individuals with disabilities. The Equal Employment Opportunity Commission (EEOC) has primary authority for enforcing the ADA, but OFCCP is authorized to act as EEOC’s agent in processing and investigating ADA complaints falling within the overlapping jurisdiction of Section 503 and Title I of the ADA.

Title VII of the Civil Rights Act of 1964,

as amended, prohibits employment discrimination on the basis of race, color, national origin, sex and religion. In many instances, employment discrimination claims against a government contractor can be brought under both Executive Order 11246 and Title VII. While EEOC has primary authority for enforcing Title VII, as a result of an April 1999 Memorandum of Understanding, OFCCP is authorized to act as EEOC’s agent in processing, investigating and resolving the Title VII component of complaints filed with OFCCP under Executive Order 11246 that allege discrimination of a systemic or class nature on the basis of race, color, national origin, sex or religion.

['Government contracts']

['Government Contracts']

UPGRADE TO CONTINUE READING

About Notice at Collection Terms of Use Do Not Sell or Share My Personal Information Accessibility Support