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Content Last Revised: 8/8/2007 |
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Code of Federal Regulations Pertaining to ESA |
| Public Contracts and Property Management |
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| Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor |
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| Affirmative Action and Nondiscrimination Obligations of Contractors and Subcontractors Regarding Disabled Veterans, Recently Sperated Veterans, Other Protected Veterans, and Armed Forces Service Medal Veterans |
41 CFR 60-300.60 - Compliance evaluations.
- Section Number: 60-300.60
- Section Name: Compliance evaluations.
(a) OFCCP may conduct compliance evaluations to determine if the
contractor is taking affirmative action to employ, advance in
employment and otherwise treat qualified individuals without
discrimination based on their status as a disabled veteran, recently
separated veteran, other protected veteran, or Armed Forces service
medal veteran in all employment practices. A compliance evaluation may
consist of any one or any combination of the following investigative
procedures:
(1) Compliance review. A comprehensive analysis and evaluation of
the hiring and employment practices of the contractor, the written
affirmative action program, and the results of the affirmative action
efforts undertaken by the contractor. A compliance review may proceed
in three stages:
(i) A desk audit of the written affirmative action program and
supporting documentation to determine whether all elements required by
the regulations in this part are included, whether the affirmative
action program meets agency standards of reasonableness, and whether
the affirmative action program and supporting documentation satisfy
agency standards of acceptability. The desk audit is conducted at OFCCP
offices;
(ii) An on-site review, conducted at the contractor's establishment
to investigate unresolved problem areas identified in the affirmative
action program and supporting documentation
[[Page 44411]]
during the desk audit, to verify that the contractor has implemented
the affirmative action program and has complied with those regulatory
obligations not required to be included in the affirmative action
program, and to examine potential instances or issues of
discrimination. An on-site review normally will involve an examination
of the contractor's personnel and employment policies, inspection and
copying of documents related to employment actions, and interviews with
employees, supervisors, managers, hiring officials; and
(iii) Where necessary, an off-site analysis of information supplied
by the contractor or otherwise gathered during or pursuant to the on-
site review;
(2) Off-site review of records. An analysis and evaluation of the
affirmative action program (or any part thereof) and supporting
documentation, and other documents related to the contractor's
personnel policies and employment actions that may be relevant to a
determination of whether the contractor has complied with the
requirements of the Executive Order and regulations;
(3) Compliance check. A determination of whether the contractor has
maintained records consistent with Sec. 60-300.80; at the contractor's
option the documents may be provided either on-site or off-site; or
(4) Focused review. An on-site review restricted to one or more
components of the contractor's organization or one or more aspects of
the contractor's employment practices.
(b) Where deficiencies are found to exist, reasonable efforts shall
be made to secure compliance through conciliation and persuasion
pursuant to Sec. 60-300.62.
(c) Reporting Requirements. During a compliance evaluation, OFCCP
may verify whether the contractor has complied with applicable
reporting requirements required under regulations promulgated by the
Veterans' Employment and Training Service (VETS). If the contractor has
not complied with any such reporting requirement, OFCCP will notify
VETS.
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