Office of Federal Contract Compliance Programs (OFCCP)
The purpose of the Office of Federal Contract Compliance Programs (OFCCP) is to 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.
On November, 8, 2009, the Employment Standards Administration (ESA) was abolished and the four major program components of ESA-Office of Federal Contract Compliance Programs, Office of Labor Management Standards, Office of Workers' Compensation Programs and the Wage and Hour Division-became stand-alone programs reporting directly to the Secretary of Labor. The Office of the Assistant Secretary and the Office of Management, Administration and Planning (OMAP) were eliminated with administrative functions in OMAP transferred to the four programs or departmental administrative programs.
The purpose of the reorganization was to improve the efficiency of all four programs by eliminating a layer of review and decision-making, which allows DOL leadership to more quickly attend to policy matters in each program without having an added organization component review between the program heads and senior leadership.
OFCCP's ENFORCEMENT PROCEDURES
In carrying out its responsibilities, the OFCCP uses the following enforcement procedures:
- Offers technical assistance to federal contractors and subcontractors to help them understand the regulatory requirements and review process.
- Conducts compliance evaluations and complaint investigations of federal contractors and subcontractors personnel policies and procedures.
- Obtains Conciliation Agreements from contractors and subcontractors who are in violation of regulatory requirements.
- Monitors contractors and subcontractors progress in fulfilling the terms of their agreements through periodic compliance reports.
- Forms linkage agreements between contractors and Labor Department job training programs to help employers identify and recruit qualified workers.
- Recommends enforcement actions to the Solicitor of Labor.
- The ultimate sanction for violations is debarment - the loss of a company's federal contracts. Other forms of relief to victims of discrimination may also be available, including back pay for lost wages.
The OFCCP has close working relationships with other Departmental agencies, such as: the Department of Justice, the Equal Employment Opportunity Commission and the DOL, the Office of the Solicitor, which advises on ethical, legal and enforcement issues; the Women's Bureau, which emphasizes the needs of working women; the Bureau of Apprenticeship and Training, which establishes policies to promote equal opportunities in the recruitment and selection of apprentices; and, the Employment and Training Administration, which administers Labor Department job training programs for current workforce needs.
OFCCP has a national network of six Regional Offices, each with District and Area Offices in Major Metropolitan Centers. OFCCP focuses its resources on finding and resolving systemic discrimination. The agency has adopted this strategy to: (1) prioritize enforcement resources by focusing on the worst offenders; (2) encourage employers to engage in self audits of their employment practices; and (3) achieve maximum leverage of resources to protect the greatest number of workers from discrimination.
Patricia A. Shiu
OFCCP Office Directory