Office of Federal Contract Compliance Programs (OFCCP)
OFCCP's Non-Retaliation Policy
OFCCP has a long-established policy that information or compliance assistance inquiries received by the agency regarding the non-discrimination and affirmative action regulations OFCCP enforces shall not trigger an investigation. The exact wording is:
"Employer Information or Compliance Assistance Requests. Contacts for technical information initiated by employers or their representatives will not trigger an investigation, nor will such employer inquiries protect the requesting employer against investigations conducted pursuant to existing policy, scheduling guidelines and investigation programs established by the Agency."
The Small Business Regulatory Enforcement Fairness Act of 1996 (SBREFA) established the Small Business Administration (SBA) Ombudsman and SBA Regional Fairness Boards to investigate small business complaints about Federal agency enforcement actions. Small businesses should not fear retaliation for comments regarding actions by OFCCP personnel conducting compliance or enforcement activities. If you are a small business and believe that you have been treated unfairly by OFCCP, you may file an electronic comment/complaint with the SBA Ombudsman.
Or you may also contact the SBA's Office of the National Ombudsman at: Telephone: (888) REG-FAIR (734-3247); Fax: (202) 481-5719; or Mail: Office of the National Ombudsman U.S. Small Business Administration, 409 3rd Street, SW, MC2120, Washington, DC 20416-0005.
