Submitted by: Job Exchange

The Office of Federal Contract Compliance Programs, or OFCCP, is a part of the U.S. Department of Labor that monitors the hiring activities of federal contractors and subcontractors. These are defined as anyone who enters into a contract with the United States or any department or agency thereof for the rendition of personal services and whose compensation is paid in whole or in part from funds appropriated by Congress. These entities can also be subcontractors.

The main purpose of the OFCCP is to that contractors and federal contractors do not discriminate on the basis of race, color, religion, sex, national origin, disability, and protected veteran status within their hiring initiatives. These contractors must also establish affirmative action programs that actively seek to recruit these protected groups.

The OFCCP oversees and enforces Congress’s Executive Order 11246, as amended; Section 503 of the Rehabilitation Act of 1973, as amended; and the Vietnam Era Veterans’ Readjustment Assistance Act of 1974, as amended, 38 U.S.C. 4212. These are the three main laws the OFCCP protects. They also ensure compliance with Executive Order 13201.

A large part of the OFCCP’s job is to ensure that federal contractors and subcontractors are adhering to equal employment opportunity compliance. This means that these employers must be EEO compliant, or not discriminate against a job applicant or an employee because of the person’s race, color, religion, sex (including pregnancy), national origin, age (40 or older), disability or genetic information.

The EEOC states that it is illegal to discriminate against someone (applicant or employee) because of that person’s race, color, religion, sex (including pregnancy), national origin, age (40 or older), disability or genetic information. It is also illegal to retaliate against a person because he or she complained about discrimination, filed a charge of discrimination, or participated in an employment discrimination investigation or lawsuit. An employer must always keep these in mind when posting jobs.

In addition, it is illegal for an employer to publish a job advertisement that shows a preference for or discourages someone from applying for a job because of his or her race, color, religion, sex (including pregnancy), national origin, age (40 or older), disability or genetic information.

The EEOC states that it is also illegal for an employer to recruit new employees in a way that discriminates against them because of their race, color, religion, sex (including pregnancy), national origin, age (40 or older), disability or genetic information. An employer may not base hiring decisions on stereotypes and assumptions about a person’s race, color, religion, sex (including pregnancy), national origin, age (40 or older), disability or genetic information.

If an employer requires job applicants to take a test, the test must be necessary and related to the job and the employer may not exclude people of a particular race, color, religion, sex (including pregnancy), national origin, or individuals with disabilities. In addition, the employer may not use a test that excludes applicants age 40 or older if the test is not based on a reasonable factor other than age.

A federal contractor or subcontractor found not in compliance with these laws could be investigated or audited. This means a thorough investigation conducted by someone from the OFCCP or EEOC who will determine if a violation has occurred and then will follow appropriate protocol to rectify the situation.

About the Author: Reshav Singh writes on behalf of AJE, a leading job portal for jobs in America.

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