Office of Federal Contract Compliance Programs (OFCCP)

What is the OFCCP and what does it do?

What is the OFCCP?The Office of Federal Contract Compliance Programs (OFCCP) is a civil rights, worker protection agency that is part of the U.S. Department of Labor's (DOL) Employment Standards Division.[1] It enforces one executive order and two laws that prohibit employment discrimination and require affirmative action by companies doing business with the Federal Government (including both contractors and subcontractors).[2] Specifically, the OFCCP enforces the following:

  1. Executive Order 11246 prohibits employment discrimination on the basis of race, religion, color, national origin, sex, sexual orientation, or gender identity.[3] It applies to businesses with federal contracts and federally assisted construction contracts totaling more than $10,000.[4] Companies with at least 50 employees and a government contract of $50,000 or more must also develop an Affirmative Action Plan.[5] Companies whose sole government contracts are construction contracts or assisted construction contracts are not required to develop an Affirmative Action Plan, but must comply with 16 specific affirmative actions, which are outlined in the equal opportunity construction contract clause.[6]
  2. Section 503 of the Rehabilitation Act of 1973 (section 503) prohibits employment discrimination against individuals with disabilities. [7] It applies to businesses with a federal contract of more than $10,000, and requires them to take affirmative action to employ and advance the employment of individuals with disabilities.[8] Companies with at least 50 employees and a single contract of $50,000 or more must also develop a Section 503 Affirmative Action Plan.[9] Section 503 applies to businesses with federal construction contracts, but not those with federally assisted construction contracts.[10]
  3. The Vietnam Era Veterans' Readjustment Assistance Act of 1974 (VEVRAA) prohibits employment discrimination against certain protected veterans.[11] VEVRAA requires businesses with a federal contract of $100,000 or more to take affirmative action to employ and advance the employment of protected veterans.[12] Companies with at least 50 employees and a single contract of $150,000 or more must also develop a VEVRAA Affirmative Action Policy.[13] VEVRAA applies to businesses with federal construction contracts, but not to those with federally assisted construction contracts.[14]

Additionally, the OFCCP and the EEOC share enforcement of the Americans with Disabilities Act (ADA).[15]_______________________________________________[1] Department of Labor, Office of Federal Contract Compliance Programs (OFCCP), About OFCCP, available athttp://www.dol.gov/ofccp/aboutof.html; 78 Federal Register 58682.[2] 78 Federal Register 58682, 58683.[3] Executive Order 11246, available at http://www.dol.gov/ofccp/regs/statutes/eo11246.htm; 78 FR 58682, 58683.[4] Executive Order 11246, available at http://www.dol.gov/ofccp/regs/statutes/eo11246.htm.[5] 41 CFR 60-2.[6] 41 CFR 60-4.3.[7] 29 U.S.C. § 701, et seq.[8] 29 U.S.C. § 793.[9] 41 CFR 60-741(c).[10] 41 CFR 60-741.2 (k).[11] 38 U.S.C. 4212.[12] 41 CFR 60-300.2(f).[13] 41 CFR 60-300.40.[14] 41 CFR 60-300.2 (n).[15] 29 CFR 1641.5.

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