U.S. Department of Labor Office of Federal Contract Compliance Programs (OFCCP)

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Presentation transcript:

U.S. Department of Labor Office of Federal Contract Compliance Programs (OFCCP)

OFCCP - Overview

Office of Federal Contract Compliance Programs (OFCCP) u Administers and enforces: u Provisions that prohibit discrimination by federal contractors and subcontractors and require them to take affirmative action u Equal opportunity for employment for all individuals, without regard to race, sex, ethnicity, national origin, religion, disability or covered veterans status u The programs apply to certain contractors and subcontractors holding federal or federally assisted contracts.

OFCCP FIELD ORGANIZATION

Executive Order u Prohibits discrimination in hiring or employment decisions on the basis of race, color, gender, religion, and national origin. u Under the Executive Order, certain contractors and subcontractors are required to develop a written affirmative action program that sets forth specific and result-oriented procedures to which a contractor commits itself to apply every good faith effort.

Section 503 of the Rehabilitation Act of 1973, as amended u Prohibits discrimination and requires affirmative action in all personnel practices for qualified individuals with disabilities. u Applies to all firms that have a nonexempt Government contract or subcontract in excess of $10,000. u An affirmative action program is required.

38 USC The Vietnam Era Veterans’ Readjustment Assistance Act of 1974 (VEVRAA) u Prohibits discrimination and requires affirmative action in all personnel practices for special disabled veterans, Vietnam Era veterans, and other protected veterans. u Applies to all firms that have a nonexempt Government contract or subcontract of $25,000 or more. u An affirmative action program is required.

Title I of the Americans with Disabilities Act of 1990 (ADA) When this new legislation became effective on July 26, 1992, most qualified individuals with disabilities attained protection against employment discrimination through two federal non-discrimination statues - the Rehabilitation Act of 1973 and the Americans with Disabilities Act.

Title I of the Americans with Disabilities Act of 1990 (ADA) u Prohibits private employer and state and local governments having 25 or more employees, employment agencies, and labor and unions from discriminating against job applicants and employees on the basis of disability. u Coverage extended to 15 or more employees on 7/26/94

Title I of the Americans with Disabilities Act of 1990 (ADA) u Prohibits employment discrimination against qualified individuals with disabilities. u A qualified individual with a disability is defined as an individual with a disability who meets the skill, education, experience and other job related requirements of a position held or desired, and who, with or without a reasonable accommodation, can perform the essential functions of the job.

Immigration Reform and Control Act of 1986 (IRCA) u Requires employers to maintain certain records pertaining to the citizenship status of new employees. These records are examined during the course of compliance evaluations and complaint investigations. u Results are reported to the Immigration and Naturalization Service.

Compliance Evaluations Types:  Non-Construction  Construction

FY 2000 Program Results u Total Evaluations: 6672 u Non-Construction: 2795 u Construction: 1367 u Compliance Checks: 2510 u Complaint Investigations: 306 u EO 11246: 69 u 503: 102 u 4212: 135

Compliance Evaluation Procedures  Pre-Award  Off-site Review of Records  Focused Review  Full Compliance Review  Compliance Checks

Compliance W Notice of Compliance W Conciliation Agreement W Enforcement (Consent Decree ) W Sanctions

Equal Opportunity Survey  General Contractor Data- Part A  Contract  Affirmative Action Programs  Job Listings with State Employment Services  Personnel Activity Data- Part B  Race  Gender  Ethnicity  Compensation Data- Part C  Minority Status  Non-minority Status

Best Practices Awards H Secretary’s Opportunity 2000 Award - Recognition for successful implementation of a significant EEO multifaceted program H Exemplary Voluntary Effort (EVE) Award- Recognition of outstanding Affirmative Action Program that enhanced EEO in the workplace. H Exemplary Public Interest Contributions (EPIC) Award - Recognition of groups that have supported affirmative action and linked their efforts with contractors to enhance EEO

FY 2000 Program Results u Monetary Benefits u Total Financial Settlements: $38,448,656. u Backpay: $15,567,259. u Individuals: 7639 u Linkages u Individuals Hired: 3,193 u Annual Salaries: $75,073,629.