|October 13, 2008|
Office of Federal Contract Compliance Programs (OFCCP)
OFCCP administers and enforces three legal authorities that require equal employment opportunity: Executive Order 11246, as amended; Section 503 of the Rehabilitation Act of 1973, as amended; and the Vietnam Era Veterans' Readjustment Assistance Act of 1974, as amended, 38 U.S.C. 4212. 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, national origin, disability or status as a Vietnam era or special disabled veteran.
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.
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.
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.
OFCCP's ENFORCEMENT PROCEDURES
In carrying out its responsibilities, the OFCCP uses the following enforcement procedures:
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.
OFCCP has a national network of six Regional Offices, each with District and Area Offices in Major Metropolitan Centers. OFCCP focuses its resources on finding and resolving systemic discrimination. The agency has adopted this strategy to: (1) prioritize enforcement resources by focusing on the worst offenders; (2) encourage employers to engage in self audits of their employment practices; and (3) achieve maximum leverage of resources to protect the greatest number of workers from discrimination.
Charles E. James, Sr.