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Office of Federal Contract Compliance Programs (OFCCP)
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Frequently Asked Questions for the Employee
Existing Laws
Complaints
Applicants
Jurisdiction
What laws are handled by OFCCP?
The Office of Federal Contract Compliance Programs (OFCCP) administers and enforces three equal employment opportunity laws: 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 (38 U.S.C. 4212) (VEVRAA), as amended. These laws prohibit Federal contractors and subcontractors from discriminating on the basis of race, color, religion, sex, national origin, or status as a qualified individual with a disability or protected veteran. They also require Federal contractors and subcontractors to take affirmative steps to ensure equal employment opportunity in their employment processes. OFCCP also shares responsibility with the U.S. Equal Employment Opportunity Commission (EEOC) in enforcing Title I of the Americans with Disabilities Act.
Who can file a complaint?
Any individual or groups of similarly situated individuals who believe that they have been discriminated against in employment by a Federal contractor or subcontractor on the basis of race, color, religion, sex, national origin, or status as a qualified individual with a disability or protected veteran, may file a complaint with OFCCP.
Generally speaking, individual complaints filed under Executive Order 11246 will normally be referred to the Equal Employment Opportunity Commission (EEOC) for handling. Such referrals are made under a Memorandum of Understanding between the two Federal agencies. Complaints involving systemic discrimination or discrimination affecting groups of individuals will normally be investigated by OFCCP.
OFCCP will investigate both individual and group complaints filed under Section 503 of the Rehabilitation Act of 1973, as amended and Vietnam Era Veterans' Readjustment Assistance Act of 1974 (38 U.S.C. 4212), as amended.
If your employer is not a covered Federal contractor or subcontractor you may still be able to file a complaint against the company with EEOC. Information regarding filing a complaint with EEOC may be found on EEOC's website.
What are the procedures for filing a complaint?
A complaint may be filed with the OFCCP, 200 Constitution Avenue, NW, Room C3325, Washington, DC 20210 by mail or in person, or with the nearest OFCCP Regional or District Area Office.
Complaints alleging violations of VEVRAA, as amended, may also be submitted to the Veterans' Employment and Training Service of the Department of Labor directly, or through the Local Veterans' Employment Representative at the local employment service office.
Persons filing complaints should include a description of the discrimination involved and any other related information that would assist in an investigation of the complaint, including, but not limited to:
All complaints must be signed by the complainant or his/her authorized representative.
You can get more information on how to file a complaint on OFCCP's Web site.
What are the time limits for filing a complaint?
All laws enforced by OFCCP have strict time limits within which complaints must be filed.
To protect your legal rights, it is always best to contact OFCCP promptly when discrimination is suspected.
Are covered employers expected to give veterans employment preference under VEVRAA regulations?
Under VEVRAA regulations, Federal contractor employers are not required to:
However, in accordance with the Veterans Preference Act of 1944, as amended, 5 U.S.C. Sec. 2108, a veterans' preference applies when eligible veterans seek employment with the Federal government.
Who can file a complaint under the Vietnam Era Veterans' Readjustment Assistance Act of 1974 (38 U.S.C. 4212), as amended (VEVRAA)?
Any applicant for employment with a contractor, or any employee of a contractor, who believes he or she is a veteran who may be protected under VEVRAA may file a complaint alleging a violation of the Act. The date on which the contractor entered its Government contracts may affect an individual's status as a protected veteran. The Jobs for Veterans Act (JVA) amended VEVRAA by raising the dollar amount of the contract required for an employer to be covered under VEVRAA from $25,000 to $100, 000, and changing the categories of protected veterans. The JVA amendments to VEVRAA apply to contracts entered on or after December 1, 2003.
JVA eliminated the coverage category of veterans of the Vietnam era, added a new category of Armed Forces Service Medal veterans, expanded the coverage of veterans with disabilities to include all veterans with service connected disabilities, and expanded the coverage of recently separated veterans from one year after discharge or release from active duty, to three years. Many individuals previously categorized a Vietnam era veterans will continue to be covered under other categories (e.g., campaign veterans).
If a contractor has contracts that were entered prior to December 1, 2003, the effective date of the JVA amendments, the following categories of veterans are protected under VEVRAA:
If a contractor has contracts entered on or after December 1, 2003, the following categories of veterans are protected under VEVRAA:
Does OFCCP have a preferred or recommended applicant rating system?
OFCCP does not have or recommend a particular applicant rating or ranking system. Federal contractors have flexibility in using the systems they prefer in identifying and ranking qualified applicants provided that the systems do not discriminate against individuals on the basis of race, color, religion, sex, national origin, or status as a qualified individual with a disability or protected veteran.
Can OFCCP investigate unfair employment practices of other Federal agencies?
No. OFCCP has no authority to investigate unfair employment practices involving other Federal agencies. Complaints against Federal agencies are normally processed by the internal civil rights offices of each agency. In addition, the EEOC has appellate jurisdiction over internal discrimination complaints processed through an agency's internal administration procedures.
What information regarding an employer can I request from OFCCP under Freedom of Information Act?
The U.S. Department of Labor (DOL) is required, under the Freedom of Information Act (FOIA), to disclose records requested in writing. However, OFCCP may withhold information pursuant to nine exemptions and three exclusions contained in the FOIA. Consult the Guide for Requesting FOIA Records and list of Individual Components & Responsible FOIA Officials for FOIA requests. Links to DOL's FOIA resources and other FOIA resources can be found at the DOL Web site.
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