Office of Federal Contract Compliance Programs A Year of Accomplishments in OFCCP Presented by: Theresa Lujan
Introduction to OFCCP Regulatory Updates Accomplishments in OFCCP Mega Construction Project Program Overview Affirmative Action Requirements Requirements of Federal Construction Contractors
Introduction to OFCCP Federal civil rights enforcement agency within the U.S. Department of Labor Mission: Enforce for the benefit of job seekers and wage earners, the contractual promise of affirmative action and equal employment opportunity required of those who do business with the federal government. Jurisdiction over federal contractors and subcontractors
Laws OFCCP Enforces Executive Order 11246 Section 503 of the Rehabilitation Act of 1973 The Vietnam Era Veterans Readjustment Assistance Act of 1974
What Does OFCCP Do? Conducts compliance evaluations of federal contractors and subcontractors Investigates employment discrimination complaints filed against federal contractors Provides technical assistance and outreach
Who is a Federal Contractor? Employers doing business with the federal government, or that subcontract with a company doing business with the federal government, are considered federal contractors. Two Types of federal contracts Direct Federally Assisted
Regulatory Updates New Regulations Executive Order 13672-Prohibits Discrimination based on sexual orientation and gender identity Executive Order 13665-Promotes Pay Transparency and Openness Revised Regulations Sex Discrimination Guidelines Section 503 of the Rehabilitation Act, as amended Vietnam Era Veterans Readjustment Assistance Act, as amended
Accomplishments September 2015 Launched a new website called Class Member Locator designed to educate workers about OFCCP settlements that might affect them March 7, 2016 Director Shiu and Deputy Director Dowd traveled to the Gila River Indian Community
Accomplishments May 25, 2016 Conducted a tribal consultation session with representatives from 32 tribes, 2 tribal colleges and universities, 6 nonprofit organizations, 2 law firms, and 5 federal and state agencies October 6, 2016 OFCCP conducted a Disability Business Roundtable with 65 leaders from businesses, colleges and universities, and disability service organizations
OFCCP FY 2017 Goals Maintain the high quality of OFCCP s compliance evaluations Identify systemic pay discrimination Update OFCCP s approach to assessing whether contractors engage in systemic compensation discrimination Improve the number and quality of systemic pay discrimination investigations
OFCCP FY 2017 Goals Identify gender, racial, and ethnicity-based discrimination in the construction trades Increase the number of potential job applicants and employees in large, highly visible federally-funded or federally assisted construction projects Identify mega construction projects on or near Indian reservations
Affirmative Action Requirements 41 CFR 60-4 Applies to all contractors and subcontractors which hold any federal or federally-assisted construction contract in excess of $10,000. Compliance with the Standard Federal Equal Employment Opportunity Construction Contract Specifications (Executive Order 11246). Implementation of each of the 16 Affirmative Action Steps.
Affirmative Action Specifications The 16 Affirmative Action Specifications Address: Work Environment Outreach and Recruitment Training Dissemination of EEO Policy Internally Externally
Obligations of Construction Contractors Non-Discrimination in Employment Decisions Include Equal Opportunity Clause in Subcontracts and Purchase Orders EEO is the Law Poster and Supplement Pay Transparency Provision
Obligations of Construction Contractors EEO Tagline in job advertisements Retain Employment Records 1 year employers with fewer than 150 employees or less than $150,000 in contracts 2 years all others Permit OFCCP Access
Obligations of Construction Contractors Maintain a current file of off-the-street applicants and applicants referred from the union Notify OFCCP when a union has impeded efforts to meet EEO/AA obligations Develop On-the-Job training opportunities Notify CBOs and recruitment sources about apprenticeship programs
Notice of Award 41 CFR 60-4.2(c) Give written notice to OFCCP within 10 working days of award of a contract or subcontract in excess of $10,000 under these provisions.
Construction Contractors Goals Goals by geographical area ( SMSA ) are determined by the OFCCP Director Goals are expressed as a percentage of hours worked by the aggregate workforce in each trade on all projects Female goal is 6.9% nationwide. Minority goal(s) reflect the geographical area where work is performed. Goals are not quotas
Mega Construction A Project of $25 million or more Project Significant Economic Impact At Least 1 or More Years Duration
Benefits Leveraging Employment Opportunities EEO is a Part of the Hiring Plan Can improve compliance with OFCCP and other labor regulations Connects qualified employees with jobs Helps recruit and train the next generation of construction workers
Benefits Enhance Community Relationships Maintains and enhances relationships among; community groups, labor organizations. apprenticeship and other training programs, and prime and subcontractors Creates goodwill with the community
Who is Involved? Funding Agency/Project Owner OFCCP Prime Contractors and Subcontractors Community Recruitment Sources Unions Other Federal, State, and Local Government Entities
Funding Agency Responsibilities Include the Equal Opportunity Clause in its request for bids and in the contract specifications Involve OFCCP early in the process Oversight and Monitoring through EEO Committee
OFCCP Educating Stakeholders Pre-construction meetings Community meetings Assists with EEO Committee Coordinates meetings Conducting compliance evaluations Conducting technical assistance and outreach
Prime Contractor Facilitate compliance assistance for subcontractors and unions Establish an EEO Committee comprised of key stakeholders, including members from the community Monitor EEO progress on the project
Sub-Contractors Promote and support EEO Ensure compliance Monitor staffing and goal progress
EEO Committee Funding Agency/Project Owner Prime Contractor Subcontractors OFCCP and other worker protection agencies Unions Pre-apprenticeship, apprenticeship, and other worker training programs Community Recruitment Sources Tribal Employment Rights Offices (TEROs)
Establish meeting dates Provide Support and Education EEO Committee Training from OFCCP Education from other worker protection agencies Review data Identify and resolve issues: Barriers to Employment Opportunities Strategies for Recruitment Plan Outreach Efforts
OFCCP Resource Information Mega Construction Project Program: https://www.dol.gov/ofccp/mcp/mcp.htm OFCCP complaint form (Form CC-4): https://www.dol.gov/ofccp/regs/compliance/pdf/pdfstart.htm Class Member Locator https://www.dol.gov/ofccp/cml/index.htm Disability Inclusion Starts with You Video https://www.dol.gov/ofccp/selfidvideo.html
Contact Information Theresa Lujan, INAERP Director and Interim National Director for Mega Construction Projects Phone: Toll Free (844) 206-1836 Help Desk: (800) 397-6251 TTY (877) 889-5627 OFCCP Self Service Options: http://kb.dol.gov/dolflowquestions?agency-ofccp OFCCP Web site: www.dol.gov/ofccp