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Code of Federal Regulations Pertaining to ESA

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Title 41  

Public Contracts and Property Management


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Chapter 60  

Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor



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Part 60-741  

Affirmative Action and Nondiscrimination Obligations of Contractors and Subcontractors Regarding Individuals With Disabilities




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Subpart D  

General Enforcement and Complaint Procedures

41 CFR 60-741.60 - Compliance evaluations.

  • Section Number: 60-741.60
  • Section Name: Compliance evaluations.

(a) OFCCP may conduct compliance evaluations to determine if the 
contractor maintains nondiscriminatory hiring and employment practices 
and is

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taking affirmative action to ensure that applicants are employed and 
that employees are placed, trained, upgraded, promoted, and otherwise 
treated in accordance with this part during employment. A compliance 
evaluation may consist of any one or any combination of the following 
investigative procedures:
    (1) Compliance review. A comprehensive analysis and evaluation of 
the hiring and employment practices of the contractor, the written 
affirmative action program, and the results of the affirmative action 
efforts undertaken by the contractor. A compliance review may proceed 
in three stages:
    (i) A desk audit of the written affirmative action program and 
supporting documentation to determine whether all elements required by 
the regulations in this part are included, whether the affirmative 
action program meets agency standards of reasonableness, and whether 
the affirmative action program and supporting documentation satisfy 
agency standards of acceptability. The desk audit is conducted at OFCCP 
    (ii) An on-site review, conducted at the contractor's establishment 
to investigate unresolved problem areas identified in the affirmative 
action program and supporting documentation during the desk audit, to 
verify that the contractor has implemented the affirmative action 
program and has complied with those regulatory obligations not required 
to be included in the affirmative action program, and to examine 
potential instances or issues of discrimination. An on-site review 
normally will involve an examination of the contractor's personnel and 
employment policies, inspection and copying of documents related to 
employment actions, and interviews with employees, supervisors, 
managers, hiring officials; and
    (iii) Where necessary, an off-site analysis of information supplied 
by the contractor or otherwise gathered during or pursuant to the on-
site review;
    (2) Off-site review of records. An analysis and evaluation of the 
affirmative action program (or any part thereof) and supporting 
documentation, and other documents related to the contractor's 
personnel policies and employment actions that may be relevant to a 
determination of whether the contractor has complied with the 
requirements of Section 503 of the Rehabilitation Act of 1973 and 
    (3) Compliance check. A determination of whether the contractor has 
maintained records consistent with Sec.  60-741.80; at the contractor's 
option the documents may be provided either on-site or off-site; or
    (4) Focused review. An on-site review restricted to one or more 
components of the contractor's organization or one or more aspects of 
the contractor's employment practices.
    (b) Where deficiencies are found to exist, reasonable efforts shall 
be made to secure compliance through conciliation and persuasion 
pursuant to Sec. 60-741.62.

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