OFCCP & Federal Contractors

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Knowledge and Experience with OFCCP and Federal Contractors

The firm's employment attorneys are experienced with the OFCCP and handling audits and discrimination claims.

The OFCCP (“Office of Federal Contract Compliance Programs”) is a part of the U.S. Department of Labor. The OFCCP has authority over federal contractors, i.e., companies that do business with the federal government, directly or indirectly. The OFCCP’s stated goals are (a) to eliminate employment discrimination by federal contractors, and (b) to encourage affirmative action by federal contractors in the hiring and promotion of women and minorities.

The OFCCP can take action against a federal contractor in two ways. First, the OFCCP can investigate discrimination complaints submitted by individuals about a federal contractor. Second, the OFCCP can audit a federal contractor’s hiring, promotion and compensation practices with respect to women and minorities, including persons with disabilities and veterans.

Government contractors are required to have Affirmative Action Plans, which are updated annually. An Affirmative Action Plan must track job openings, applications and hiring in each of nine specific job groups, from laborers to service workers to professionals to managers and executives. With respect to each job group, a federal contractor must show what efforts it has made to hire women and minorities. Based on the demographic characteristics of the population pool from which it draws, a federal contractor must set affirmative action goals for the hiring of women and minorities in each job group. Additionally, a federal contractor must track the compensation levels of women and minorities within each job group to ensure the absence of discrimination with respect to promotion and compensation.

The OFCCP has the authority to demand substantial data and information from federal contractors, to require that Affirmative Action Plans be properly prepared, updated and implemented, and to conduct on-site investigations, including review of company files and interviews with employees. The OFCCP’s ultimate sanction over a federal contractor is to “debar” the contractor from doing business with the federal government.

Parsons employment attorneys are experienced in dealing with the OFCCP and responding to audits and discrimination claims. Because of the potential power of the OFCCP over a federal contractor’s business and the often intimidating and costly nature of an OFCCP audit, it is important that a federal contractor be represented by experienced employment legal counsel in dealing with the agency.