Hiring Issues: | |
|
| |
| |
Equal Employment Opportunity
|
||||||||||
Equal employment opportunity (EEO) laws prohibit specific types of employment discrimination. These laws prohibit discrimination on the basis of race, color, religion, sex, national origin, or status as an individual with a disability or protected veteran. Within the Department of Labor, the Employment Standards Administration's Office of Federal Contract Compliance Programs (OFCCP) oversees EEO laws and regulations that apply to employers holding federal contracts and subcontracts.
In addition, the Equal Employment Opportunity Commission (EEOC), an independent federal agency, promotes EEO for employees of most private employers, state and local governments, educational institutions, employment agencies, and labor organizations.
COMPLIANCE ASSISTANCE MATERIALS
- Employment Law Guide - Employment Discrimination and Equal Opportunity in Supply and Service Contracts - Provides a summary of the laws and regulations prohibiting employment discrimination by federal supply and service contractors.
- Employment Law Guide - Equal Opportunity for Individuals with Disabilities - Provides a summary of the laws and regulations prohibiting employment discrimination by federal contractors against persons with disabilities.
- Employment Law Guide - Employment Discrimination in Construction Contracts - Provides a summary of the laws and regulations prohibiting employment discrimination by federal construction contractors.
- Employment Law Guide - Employment Discrimination and Equal Opportunity for Certain Veterans Who Served on Active Duty and Special Disabled Veterans - Provides a summary of the laws and regulations prohibiting employment discrimination by federal contractors against disabled veterans and certain veterans who served on active duty.
- Federal Contract Compliance Manual - This reference tool for federal contractors, EEO, and human resources managers, describes DOL's Office of Federal Contract Compliance Programs' (OFCCP) standard operating procedures for OFCCP compliance officers.
- Filing a Complaint - Individuals may file a complaint if they believe they have been discriminated against by federal contractors or subcontractors. A complaint may also be filed by organizations or other individuals on behalf of the person or persons affected.
- Facts on Executive Order 11246 - Explains the purpose of Executive Order 11246, which establishes equal employment and affirmative action requirements for federal contractors and subcontractors.
- Equal Employment Opportunity for People with Disabilities: Section 503 of the Rehabilitation Act of 1973 - Describes the responsibilities of federal contractors and subcontractors to take affirmative action to employ and advance the employment of qualified individuals with disabilities.
- Vietnam Era Veterans' Readjustment Assistance Act (VEVRAA) Fact Sheet - Describes the responsibilities of federal contractors and subcontractors under VEVRAA to take affirmative action and provide equal opportunity in the hiring of veterans.
- Hiring Veterans Fact Sheet
- elaws Federal Contractor Compliance Programs Advisor - Helps federal contractors and subcontractors answer basic questions about coverage and compliance issues related to the equal employment opportunity laws administered by the Employment Standards Administration's Office of Federal Contract Compliance Programs (OFCCP).
- elaws Veterans' Preference Advisor - Helps veterans examine preferences they may be entitled to with regard to federal employment.
- "Equal Opportunity is the Law" - Poster for federal contractors and subcontractors. (Español)
Federal contractors are required to preserve any personnel or employment records made or kept by the contractor for two years from the date of the making of the personnel record or the personnel action, whichever occurs later. Examples of records that must be maintained include but are not limited to: job descriptions; job postings and advertisements; records of job offers; applications and resumes; interview notes; tests and test results; written employment policies and procedures; and personnel files. Contractors with fewer than 150 employees or who do not have a government contract of at least $150,000 only need to keep records for one year.
All federal contractors with 50 or more employees that have either (1) a contract, subcontract, or purchase order of $50,000 or more; or (2) serves as an issuing depository of government funds in any amount; or (3) are a financial institution that serves as issuing and paying agent of U.S. Savings Bonds and Savings Notes, are required to file an Employer Information Report (EEO-1 Report). The Standard Form 100, EEO-1 Report, requires that employers report on the number of employees by race, ethnicity, and gender for each of nine job categories. The EEO-1 Report must be filed annually, not later than September 30. EEO-1 Reports may be filed electronically through a secure Web-based Internet site or may be filed in paper format. More information on the EEO-1 Report can be obtained from the Equal Employment Opportunity Commission (EEOC) secure Web site [www.eeoc.gov/eeo1survey]; or by e-mailing EEOC at e1.techassistance@eeoc.gov; or by calling 1-866-286-6440 (toll free).
See also 41 CFR Part 60-1.7.
APPLICABLE LAWS AND REGULATIONS
- Discrimination Laws that
Protect the Employment Rights of Job Applicants and Employees of Federal
Contractors and Subcontractors:
- On the Basis of Race, Color, Religion, Sex, or National Origin
- Executive Order 11246 - Prohibits federal contractors and subcontractors and federally assisted construction contractors and subcontractors that generally have contracts that exceed $10,000 or that will (or can reasonably be expected to) aggregate to more than $10,000 in any 12 month period from discriminating in employment decisions on the basis of race, color, religion, sex, or national origin; and it requires them to take affirmative action to ensure that equal opportunity is provided in all aspects of their employment.
- 41 CFR Parts 60-1 to 60-3 - Regulations issued by the Employment Standards Administration's Office of Federal Contract Compliance Programs (OFCCP) implementing Executive Order 11246.
- On the Basis of Disabilities
- Section 503 of the Rehabilitation Act - Requires employers with federal contracts or subcontracts that exceed $10,000, and contracts or subcontracts for indefinite quantities to take affirmative steps to hire, retain, and promote qualified individuals with disabilities.
- 41 CFR Part 60-741 - Regulations issued by the OFCCP implementing Section 503 of the Rehabilitation Act.
- On the Basis of Veteran Status
- Vietnam Era Veterans' Readjustment Assistance Act (VEVRAA) - Requires covered government contractors and subcontractors to take affirmative action to employ and advance in employment specified categories of veterans protected by the Act and prohibits discrimination against such veterans.
- 41 CFR Chapter 60-250 - Regulations issued by the Employment Standards Administration's Office of Federal Contract Compliance Programs implementing VEVRAA.
- On the Basis of Race, Color, Religion, Sex, or National Origin
- Title VII of the Civil Rights Act - Enforced by the Equal Employment Opportunity Commission (EEOC), this Act prohibits employment discrimination based on race, color, religion, sex, or national origin.
- On the Basis of Disabilities
- The Americans with Disabilities Act (ADA) - Primarily enforced by the Equal Employment Opportunity Commission (EEOC), this Act prohibits discrimination against people with disabilities in employment, transportation, public accommodation, communications, and governmental activities.
- On the Basis of Veteran or Military Reservist Status
- Uniformed Services Employment and Reemployment Rights Act (USERRA) - Administered by DOL's Veterans' Employment and Training Service (VETS), protects civilian job rights and benefits for veterans and members of Reserve components.
- Equal Employment Opportunity Commission (EEOC)
- Job Applicants and the Americans with Disabilities Act
- Age Discrimination in Employment
- Sexual Harassment in Employment
- Department of Labor's Veterans' Employment and Training Service (VETS) - Provides veterans with the resources and services to succeed in the 21st century workforce by maximizing their employment opportunities, protecting their employment rights, and meeting labor-market demands with qualified veterans.
- Office of Federal Contract Compliance Programs (OFCCP)
200 Constitution Avenue, NW
Room C-3325
Washington, DC 20210
E-mail: OFCCP-Public@dol.gov
Tel: 1-866-4-USA-DOL (1-866-487-2365) (1-866-487-2365), or 1-800-397-6251
TTY: 1-877-889-5627
Local Offices - For questions on other DOL laws,
please call DOL's Toll-Free Help Line at 1-866-4-USA-DOL (1-866-487-2365). Live assistance is available in English and Spanish, Monday through Friday from 8:00 a.m. to 8:00 p.m. Eastern Time. Additional service is available in more than 140 languages through a translation service.
Tel: 1-866-4-USA-DOL (1-866-487-2365)
TTY
*Pursuant to the U.S. Department of Labor's Confidentiality Protocol for Compliance Assistance Inquiries, information provided by a telephone caller will be kept confidential within the bounds of the law. Compliance assistance inquiries will not trigger an inspection, audit, investigation, etc.