EMPLOYMENT STANDARDS ADMINISTRATION, DEPARTMENT OF LABOR
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).
To assure non-discrimination and affirmative action in
employment by covered Federal contractors, including Federal construction
contractors, and federally assisted construction contractors.
TYPES OF ASSISTANCE:
Investigation of Complaints. Place Cursor Here for Definition
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.
Pre-application Coordination: None. This program is
excluded from coverage under all OMB Circulars and E.O. 12372.
Application Procedure: 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 Procedure: 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.
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.
Obligations: (Salaries and Expenses, Labor
Department only) FY 01 $76,209,000; FY 02 est $77,701,000; and FY 03 est
$77,544,000.
Range and Average of Financial Assistance: Not
applicable.
PROGRAM ACCOMPLISHMENTS:
During fiscal year 2001, OFCCP conducted 7,175 compliance reviews and
evaluations of contractor facilities to determine their compliance with
contractual obligations concerning equal employment opportunity and
affirmative action. There were 1,742,000 employees in the facilities reviewed.
In fiscal year 2001, 279 complaints were investigated. Financial agreements
were concluded totaling $28,975,000, including $9,036,087 in back pay to 6,925
recipients. At the close of fiscal year 2001, 3 new liaison groups had been
formed which resulted in a combined total of approximately 18 such groups for
fiscal year 2001. In addition, OFCCP has held a "town meeting"
composed of employers, public interest groups, apprenticeship and training
organizations, academics, representatives of specific industries, or a
cross-section of these interests, in a given geographic area. The groups have
been instrumental in promoting greater affirmative action efforts by
contractors and a better understanding of the equal employment opportunity (EEO)
laws. OFCCP has provided a great deal of advice and technical assistance. In
fiscal year 2001, OFCCP provided approximately 50,804 hours of compliance
assistance to contractors and community groups. (More information is available
to the public on the OFCCP web page (http://esa/ofccp/index.html).
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 James, Deputy Assistant Secretary for Federal
Contract Compliance Programs.
