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Understanding OFCCP Compliance: Protecting Workers & Promoting Diversity

This overview provides information on OFCCP compliance, including evaluations, affirmative action, recruiting, and handling complaints. Learn how OFCCP works and the regulations contractors must follow.

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Understanding OFCCP Compliance: Protecting Workers & Promoting Diversity

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  1. RICHMOND DISTRICT OFFICE Presents An Overview of Compliance

  2. CONTENTS OFCCP Overview Compliance Evaluations Affirmative Action Recruiting Source/Contractor Linkage Complaints

  3. OFCCP’s Mission • PROTECT WORKERS • PROMOTE DIVERSITY • ENFORCE THE LAW

  4. OFCCP Ensures that federal contractors comply with the laws and regulations regarding non-discrimination and affirmative action.

  5. OFCCP - Executive Order 11246 • Section 503 of the Rehabilitation Act • Vietnam Era Veterans’ Readjustment Assistance Act

  6. How OFCCP Works Conducts Supply & Service Evaluations: • Full Compliance Review • Pre-award Review • Off-site Review of records • Focus Review • Compliance Check Conducts Construction Evaluations

  7. How OFCCP Works An analysis of affirmative action for - women, - minorities, - veterans, and - individuals with disabilities is completed for each Supply & Service evaluation, regardless of review type.

  8. How OFCCP Works An analysis of affirmative action for - women, - minorities, - veterans, and - individuals with disabilities is completed for each Construction Evaluation for which the contractor has direct federal contracts.

  9. How OFCCP Works Conducts Complaint Investigations Conducts Compliance Assistance Workshops

  10. REGULATIONS The implementing regulations are located in, The Code of Federal Regulations Title 41: Public Contracts and Property Management ____________________________________ Chapter 60: Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor

  11. REGULATIONS 60-2 Affirmative Action Programs (for women & minorities) 60-250 & 60-300 Affirmative Action for Veterans 60-741 Affirmative Action for Individuals with Disabilities

  12. AA FOR MINORITIES AND FEMALES Placement goals serve as objectives which are reasonably attainable by applying every good faith effort.

  13. Placement Goals Are not rigid, inflexible quotas Neither a ceiling or a floor Not set-asides May not supersede merit selection principles

  14. Placement Goals

  15. Placement Goals If a goal is not met our evaluation considers: Hires, promotions, applicants, And often most importantly, the listing of job vacancies with targeted community and recruitment organizations.

  16. Outreach For Individuals with Disabilities The contractor should establish meaningful contacts with appropriate social service agencies/organizations for individuals with disabilities for advice and the referral of potential employees.

  17. Accessing Good Faith Effort In determining if a contractor established meaningful contacts, we assess its communications both to and from appropriate community organizations during the period under evaluation. In many instances we contact the community organizations for verification.

  18. Lack of Appropriate Outreach Failure to take affirmative action, as a result of not seeking referrals from community organizations would be a violation. That violation would require resolution and monitoring by OFCCP.

  19. Lack of Appropriate Outreach Resolution would be obtained through a legally binding agreement, which specifies the steps the contractor will take in modifying its recruitment efforts to come into compliance.

  20. Lack of Appropriate Outreach One of the primary steps in the process of resolution is linking the contractor to community and recruitment organizations who might provide qualified applicants from the group for which affirmative action is necessary. OFCCP calls this process Linkage.

  21. LINKAGE The primary goal of linkage is to increase employment opportunities for minorities, women, veterans, and individuals with disabilities.

  22. EXAMPLE OF SUCCESSFUL LINKAGE The Workforce Awareness Group is a partnership of federal contractors, and multiple federal, state, and local agencies who work on behalf of covered veterans.

  23. Workforce Awareness Group The group is a partnership between The Richmond District Office Office of Apprenticeship Training US Department of Labor – VETS Virginia Employment Commission Virginia Rehabilitative Services US Department of Veteran Affairs Federal Contractors

  24. Workforce Awareness Group WAG has successfully assisted veterans and disabled veterans in employment through participation in Veteran Seminars, Job Fairs, and Stand Downs. WAG has partnered with military bases to serve Veterans and Veterans with Disabilities.

  25. COMPLAINTS Individuals who are protected by OFCCP may file a complaint if they believe they been discriminated against by a federal contractor or subcontractor.

  26. COMPLAINTS OFCCP investigates individual complaints filed under disability or veteran status. Individual complaints based on race or gender are usually passed on to EEOC, as a result of a Memorandum of Understanding.

  27. COMPLAINTS Complaints involving groups of people are generally investigated by OFCCP, regardless of whether the protected group members are minorities, females, veterans or individuals with disabilities.

  28. COMPLAINTS http://www.dol.gov/ofccp/index.htm Click ‘file a discrimination complaint”

  29. CUSTOMER SERVICE For answers to other questions you call OFCCP Help Desk (202) 693-0101 Richmond District Office (804) 888-6714

  30. CUSTOMER SERVICE USDOL National Call Center 1-866-4-USA-DOL (1-866-487-2365)

  31. Office of Federal Contract Compliance Programs Questions?

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