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Non-Discrimination and Affirmative Action by Federal Contractors and Federally Assisted Construction
The Department of Labor fosters and promotes the welfare of job seekers, wage earners and retirees by improving their working conditions, advancing their opportunities, protecting their retirement and health benefits and generally protecting worker rights and monitoring national economic measures.
Program Accomplishments
During fiscal year 2005, OFCCP completed over 2,734 compliance evaluations, covering more than three million workers. Financial remedies totalling over $45 million were obtained for minority, female, and disabled workers. (More information is available to the public on the OFCCP web page (http://www.dol.gov/esa/ofccp/).
Uses and Use Restrictions
Setting policy, monitoring and evaluating the compliance of Federal contractors and federally assisted construction contractors with their obligation to ensure non-discrimination and affirmative action in employment without regard to race, religion, color, sex, or national origin; ensuring non-discrimination and affirmative action in employment for individuals with disabilities and covered veterans, i.e., Vietnam-era and special disabled veterans.
(Note: The terms "subcontract" and "subcontractor" are subsumed under the terms "contract" and "contractor", respectively.)
Eligibility Requirements
Applicant Eligibility
Complaints against Federal contractors and federally assisted construction contractors which allege employment discrimination on the basis of race, sex, religion or national origin, may be filed with OFCCP.
In addition, any employee, former employee, or applicant for employment with a Government contractor who believes he or she has been the subject of discrimination on the basis of disability or covered veteran status may file an individual complaint of discrimination.
Program benefits are available to applicants and employees of Federal contractors performing work in the United States; including the District of Columbia, the Commonwealth of Puerto Rico, the Panama Canal Zone, and the possessions of the United States (Virgin Islands, Guam, American Samoa, Trust Territories of the Pacific).
Applicants and employees who were recruited in the United States by a Federal contractor to perform work outside of the United States are also covered.
Beneficiary Eligibility
Employees, former employees, or applicants with a Government contractor or federally assisted construction contractor, including construction sub-contractors.
Credentials/Documentation
None for Executive Order or Section 503 regulations; Veterans need DD 214 (discharge); special disabled veterans need evidence of qualifying disability.
Aplication and Award Process
Preapplication Coordination
None.
This program is excluded from coverage under all OMB Circulars and E.O.
12372.
Application Procedures
Any person seeking information or wishing to file a complaint may contact the nearest Office of Federal Contract Compliance Programs, Employment Standards Administration. Complaints are forwarded to the appropriate OFCCP or EEOC (in the case of non-class type complaints under E.O. 11246) office for processing. Complainants who submit incomplete information will be requested to make additional submittal, and must do so within 60 days of the request.
Award Procedures
Not applicable.
Deadlines
Under the Executive Order and veterans programs, complaints must be filed within 180 days for alleged violations, and within 300 days for Section 503 complaints, unless the time for filing is extended by the Deputy Assistant Secretary for OFCCP for good cause shown.
Authorization
Executive Order 11246, September 24, 1965; Executive Order 11375, October 13, 1967; Executive Order 12086, October 5, 1978; Rehabilitation Act of 1973, Section 503, Public Law 93- 112, as amended; Vietnam Era Veterans' Readjustment Assistance Act of 1974, Public Law 93-508; Veterans Codification Act of 1991, Section 5(a), Public Law 102-83, as amended, 38 U.S.C. 4212; Americans with Disabilities Act of 1990, Title I, Public Law 101-336; Immigration Reform and Control Act of 1986, Public Law 99-603, 8 U.S.C. 1324, 8 U.S.C. 1101 (a) (15)(H)(ii)(a), 8 U.S.C. 1160, 8 U.S.C. 1161, 8 U.S.C. 1184(c), 8 U.S.C. 1186, 8 U.S.C. 1824, 29 U.S.C. 1802, 1813 (a).
Range of Approval/Disapproval Time
Under the Executive Order program, complaints must be investigated within 60 days. The Deputy Assistant Secretary for OFCCP may extend this time for good cause shown. Under the veterans and Section 503 programs investigations must be instituted promptly.
Appeals
Under the Executive Order program, findings by OFCCP District and Regional Directors are subject to review by the Deputy Assistant Secretary for OFCCP. In the Section 503 and veterans programs, complainants may request a review by the Deputy Assistant Secretary for OFCCP within 30 days of notification of a finding of no violation, or where the Director decides not to initiate administrative or legal proceedings against the contractor.
Renewals
Not applicable.
Assistance Considerations
Formula and Matching Requirements
Not applicable.
Length and Time Phasing of Assistance
Not applicable.
Post Assistance Requirements
Reports
Not applicable.
Audits
Not applicable.
Records
Not applicable.
Financial Information
Account Identification
16-0105-0-1-505.
Obigations
(Salaries and Expenses, Labor Department only) FY 07 $85,622; FY 08 est $84,060; and FY 09 est $92,212.
Range and Average of Financial Assistance
Not applicable.
Regulations, Guidelines, and Literature
Equal Employment Opportunity, Executive Order 11246 as amended by Executive Orders 11375 and 12086; Regulations 41 CFR Part 60-1, Obligations of Contractors and Subcontractors; 41 CFR Part 60-2, Affirmative Action Programs (Revised Order 4); 41 CFR Part 60-3, Uniform Guidelines on Employee Selection Procedures (1978); 41 CFR Part 60-4, Construction Contractors Affirmative Action Requirements; 41 CFR Part 60-20, Sex Discrimination Guidelines; 41 CFR Part 60-30, Rules of Practice for Administrative Proceedings; 41 CFR Part 60-40, Examination and Copying of OFCCP Documents; 41 CFR Part 60-50, Guidelines on Discrimination Because of Religion or National Origin; 41 CFR Part 60-250, Affirmative Action and Nondiscrimination Obligations of Contractors and Subcontractors regarding special Disabled Veterans and Veterans of the Vietnam Era; 41 CFR Part 60-741, Affirmative Action and Nondiscrimination Obligations of Contractors and Subcontractors regarding Individuals with Disabilities. Questions and Answers on the Federal Executive Agency Uniform Guidelines on Employee Selection Procedures, March 1979, 44 CFR 11996. There is no charge for these materials.
Information Contacts
Regional or Local Office
See Appendix IV of the Catalog for addresses and telephone numbers of regional offices of the Office of Federal Contract Compliance Programs, listed under the Employment Standards Administration, Department of Labor.
Headquarters Office
Deputy Assistant Secretary, Office of Federal Contract Compliance Programs, Employment Standards Administration, Department of Labor, Washington, DC 20210. Telephone: (202) 693-0101. Contact: Charles E. James, Sr., Deputy Assistant Secretary for Federal Contract Compliance Programs.
Criteria for Selecting Proposals
Not applicable.
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