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

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

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Page 1: U.S. Department of Labor Office of Federal Contract Compliance Programs (OFCCP)

U.S. Department of U.S. Department of LaborLabor

Office of Federal Contract Compliance Programs

(OFCCP)

Page 2: U.S. Department of Labor Office of Federal Contract Compliance Programs (OFCCP)

OFCCP - OFCCP - OverviewOverview

Page 3: U.S. Department of Labor Office of Federal Contract Compliance Programs (OFCCP)

Office of Federal Contract Office of Federal Contract Compliance Programs (OFCCP)Compliance Programs (OFCCP)

Administers and enforces: Provisions that prohibit discrimination by federal

contractors and subcontractors and require them to take affirmative action

Equal opportunity for employment for all individuals, without regard to race, sex, ethnicity, national origin, religion, disability or covered veterans status

The programs apply to certain contractors and subcontractors holding federal or federally assisted contracts.

Page 4: U.S. Department of Labor Office of Federal Contract Compliance Programs (OFCCP)

OFCCPOFCCPFIELD ORGANIZATIONFIELD ORGANIZATION

OmbudsmanDonald Elliott

Boston, MA Hartford, CT

Mountainside, NJ Lawrenceville, NJ

Buffalo, NY Albany, NY

New York, NY Guaynabo, PR

Jam es R. T urner, Jr.Regional DirectorNortheast Region

Philadelphia, PA Washington, DC

Baltimore, MD Pittsburgh, PA

Richmond, VA

Joesph J. Dubray, Jr.Regional Director

M id-Atlantic Region

Atlanta, GA Birmingham, AL

Charlotte, NC Columbia, SC

Jackson, MS Jacksonville, FL

Louisville, KY Memphis, TN

Miami, FL Nashville, TN

Orlando, FL Raleigh, NC

Carol A. G audinRegional DirectorSoutheast Region

Chicago, IL Indianapolis, IN

Detroit, MI Grand Rapids, MI

Milwaukee, WI Minneapolis, MN

Cleveland, OH Columbus, OH

Kansas City, MO Omaha, NE

St. Louis, MO

Sandra ZeiglerRegional DirectorM idw est Region

Dallas, TX San Antonio, TX

Houston, TX New Orleans, LA

Tulsa, OK Little Rock, AR

Albuquerque, NM Denver, CO

Salt Lake City, UT

Fred AzuaRegional Director

Southw est/Rocky M ountainRegion

Oakland, CA Los Angeles, CA

San Jose, CA San Diego, CA

Santa Ana, CA Honolulu, HI

Phoenix, AZ Portland, OR

Seattle, WA

W oodrow G illilandRegional Director

Pacific Region

RegionalDirectors

Charles E. James, Sr.Deputy Assist. Secretary

Harold M. BuschActing Deputy Director

Page 5: U.S. Department of Labor Office of Federal Contract Compliance Programs (OFCCP)

Executive Order 11246Executive Order 11246

Prohibits discrimination in hiring or employment decisions on the basis of race, color, gender, religion, and national origin.

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.

Page 6: U.S. Department of Labor Office of Federal Contract Compliance Programs (OFCCP)

Section 503 of the Section 503 of the Rehabilitation Act of 1973, as Rehabilitation Act of 1973, as amendedamended

Prohibits discrimination and requires affirmative action in all personnel practices for qualified individuals with disabilities.

Applies to all firms that have a nonexempt Government contract or subcontract in excess of $10,000.

An affirmative action program is required.

Page 7: U.S. Department of Labor Office of Federal Contract Compliance Programs (OFCCP)

38 USC 4212 - The Vietnam Era 38 USC 4212 - The Vietnam Era Veterans’ Readjustment Assistance Act Veterans’ Readjustment Assistance Act of 1974 (VEVRAA)of 1974 (VEVRAA)

Prohibits discrimination and requires affirmative action in all personnel practices for special disabled veterans, Vietnam Era veterans, and other protected veterans.

Applies to all firms that have a nonexempt Government contract or subcontract of $25,000 or more.

An affirmative action program is required.

Page 8: U.S. Department of Labor Office of Federal Contract Compliance Programs (OFCCP)

Title I of the Americans with Title I of the Americans with Disabilities Act of 1990 Disabilities Act of 1990 (ADA)(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.

Page 9: U.S. Department of Labor Office of Federal Contract Compliance Programs (OFCCP)

Title I of the Americans with Title I of the Americans with Disabilities Act of 1990 Disabilities Act of 1990 (ADA)(ADA)

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.

Coverage extended to 15 or more employees on 7/26/94

Page 10: U.S. Department of Labor Office of Federal Contract Compliance Programs (OFCCP)

Title I of the Americans with Title I of the Americans with Disabilities Act of 1990 Disabilities Act of 1990 (ADA)(ADA)

Prohibits employment discrimination against qualified individuals with disabilities.

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.

Page 11: U.S. Department of Labor Office of Federal Contract Compliance Programs (OFCCP)

Immigration Reform and Immigration Reform and Control Act of 1986 (IRCA)Control Act of 1986 (IRCA)

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.

Results are reported to the Immigration and Naturalization Service.

Page 12: U.S. Department of Labor Office of Federal Contract Compliance Programs (OFCCP)

Compliance Evaluations Compliance Evaluations

Types: Non-Construction

Construction

Page 13: U.S. Department of Labor Office of Federal Contract Compliance Programs (OFCCP)

FY 2000 Program ResultsFY 2000 Program Results

Total Evaluations: 6672 Non-Construction: 2795 Construction: 1367 Compliance Checks: 2510 Complaint Investigations: 306

EO 11246: 69 503: 102 4212: 135

Page 14: U.S. Department of Labor Office of Federal Contract Compliance Programs (OFCCP)

Compliance Evaluation Compliance Evaluation ProceduresProcedures

Pre-Award

Off-site Review of Records

Focused Review

Full Compliance Review

Compliance Checks

Page 15: U.S. Department of Labor Office of Federal Contract Compliance Programs (OFCCP)

ComplianceCompliance

Notice of Compliance

Conciliation Agreement

Enforcement (Consent Decree )

Sanctions

Page 16: U.S. Department of Labor Office of Federal Contract Compliance Programs (OFCCP)

Equal Opportunity SurveyEqual 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

Page 17: U.S. Department of Labor Office of Federal Contract Compliance Programs (OFCCP)

Best Practices AwardsBest Practices Awards Secretary’s Opportunity 2000 Award - Recognition for

successful implementation of a significant EEO multifaceted

program

Exemplary Voluntary Effort (EVE) Award- Recognition of

outstanding Affirmative Action Program that enhanced EEO in

the workplace.

Exemplary Public Interest Contributions (EPIC) Award -

Recognition of groups that have supported affirmative action

and linked their efforts with contractors to enhance EEO

Page 18: U.S. Department of Labor Office of Federal Contract Compliance Programs (OFCCP)

FY 2000 Program ResultsFY 2000 Program Results

Monetary Benefits Total Financial Settlements: $38,448,656. Backpay: $15,567,259. Individuals: 7639

Linkages Individuals Hired: 3,193 Annual Salaries: $75,073,629.