What is the OFCCP?
The Office of Federal Contract Compliance Programs (OFCCP) is part of the U.S. Department of Labor's Employment Standards Administration. It has a national network of six Regional Offices, each with District and Area Offices in Major Metropolitan Centers. The Office of Federal Contract Compliance Programs enforces the following:
Executive Order 11246, as amended
This order, signed by President Lyndon B. Johnson in 1965, prohibits discrimination in hiring or employment decisions on the basis of race, color, gender, religion, and national origin. It applies to all nonexempt government contractors and subcontractors and federally assisted construction contracts and subcontracts in excess of $10,000.
Under the Executive Order, contractors and subcontractors with a federal contract of $50,000 or more, and 50 or more employees are required to develop a written affirmative action program that is designed to ensure equal employment opportunity, and sets forth specific and action-oriented programs to which a contractor commits itself to apply every good faith effort.
Section 503 of the Rehabilitation Act of 1973, as amended
Prohibits discrimination and requires affirmative action in all personnel practices for qualified individuals with disabilities. It applies to all firms that have a nonexempt Government contact or subcontract in excess of $10,000. An affirmative action program is required.
38 USC 4212 - The Vietnam Era Veterans' Readjustment Assistance Act of 1974 (VEVRAA)
This prohibits discrimination and requires affirmative action in all personnel practices for all veterans who served on active duty in the U.S. military, ground, naval, or air service who are special disabled veterans, Vietnam Era veterans, recently separated veterans, or veterans who served on active duty during a war or in a campaign or expedition for which a campaign badge has been authorized. It applies to all firms that have a nonexempt Government contract or subcontract of $25,000 or more. An affirmative action program is required.
Immigration Reform and Control Act of 1986 (IRCA) Requires employers to maintain certain records pertaining to the citizenship status of new employees. These records are examined during the course of compliance reviews and complaint investigations. Results are reported to the Immigration and Naturalization Service.
Title I of the Americans with Disabilities Act of 1990 (ADA)
When this new legislation became effective in July 1992, most qualified individuals with disabilities attained protection against employment discrimination through two federal non-discrimination statutes - the Rehabilitation Act of 1973 and the Americans with Disabilities Act.
OFCCP's ENFORCEMENT PROCEDURES
In carrying out its responsibilities, the OFCCP uses the following enforcement procedures:
§ Offers technical assistance to federal contractors and subcontractors to help them understand the regulatory requirements and review process.
§ Conducts compliance evaluations and complaint investigations of federal contractors and subcontractors personnel policies and procedures.
§ Obtains Conciliation Agreements from contractors and subcontractors who are in violation of regulatory requirements.
§ Monitors contractors and subcontractors progress in fulfilling the terms of their agreements through periodic compliance reports.
§ Forms linkage agreements between contractors and Labor Department job training programs to help employers identify and recruit qualified workers.
§ Recommends enforcement actions to the Solicitor of Labor.
§ The ultimate sanction for violations is debarment - the loss of a company's federal contracts. Other forms of relief to victims of discrimination may also be available, including back pay for lost wages.
The OFCCP has close working relationships with other Departmental agencies, such as: the Department of Justice, the Equal Employment Opportunity Commission and the DOL, the Office of the Solicitor, which advises on ethical, legal and enforcement issues; the Women's Bureau, which emphasizes the needs of working women; the Bureau of Apprenticeship and Training, which establishes policies to promote equal opportunities in the recruitment and selection of apprentices; and, the Employment and Training Administration, which administers Labor Department job training programs for current workforce needs.