Office of Federal Contract Compliance Programs

A Year of Accomplishments

in OFCCP

Presented by: Theresa Lujan

Overview Introduction to OFCCP Regulatory Updates Accomplishments in OFCCP Mega Construction Project Program 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 UpdatesNew 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-baseddiscrimination in the construction trades Increase the number of potential job

applicants and employees in large, highlyvisible federally-funded or federallyassisted 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 constructioncontract in excess of $10,000.

Compliance with the Standard Federal EqualEmployment Opportunity Construction ContractSpecifications (Executive Order 11246).

Implementation of each of the 16 Affirmative ActionSteps.

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

Obligati

ons 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 Project

A Project of $25 million or more

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)

EEO Committee Establish meeting dates Provide Support and Education

• 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