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Office of Federal Contract Compliance Programs
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Office of Federal Contract Compliance Programs (OFCCP)

Frequently Asked Questions
TRICARE Subcontractor Enforcement Activities

 


How do I know if my company is covered by the Moratorium?

The five-year enforcement moratorium applies to all health-care entities that participate in TRICARE as subcontractors under a prime contract between the Department of Defense (DoD) TRICARE Management Activity and one of the prime managed-care contractors, including:

  1. Health-care entities that participate in TRICARE only as subcontractors;
  2. Health-care entities that participate in TRICARE as subcontractors and as subcontractors under any Medicare program;
  3. Health-care entities that participate in TRICARE as subcontractors and as subcontractors under the Federal Employee Health Benefits Program (FEHBP); and
  4. Health-care entities that participate in TRICARE as subcontractors and as subcontractors under any other federal health program.

However, if your company also is a holder of prime contracts with an agency of the federal government, or holds a separate, independent non-health-care-related Federal subcontract, then your company is not covered by the Moratorium.


Our hospital provides health-care services to veterans under a prime contract with the Veterans’ Administration as well as to military personnel under TRICARE. Are we covered by the Moratorium?

No. If your hospital does not participate in TRICARE, it is not covered by the Moratorium.


Our hospital participates in the Federal Employees Health Benefits Program, but not TRICARE. Are we covered by the Moratorium?

No. If your hospital does not participate in TRICARE, it is not covered by the Moratorium.


Our hospital is a TRICARE subcontractor covered by the Moratorium. We are in the midst of a compliance evaluation or just received an OFCCP scheduling letter requesting our Affirmative Action Program. How should we respond?

If you are a TRICARE subcontractor covered by the Moratorium and you are in the midst of a compliance evaluation or just received an OFCCP scheduling letter, OFCCP will administratively close your review within 30 business days of the effective date of the Directive – June 18, 2014.


Our hospital is a TRICARE subcontractor covered by the Moratorium. We are in the midst of a compliance evaluation and have yet to receive a notice that the compliance evaluation has been closed. What should we do?

If you are a TRICARE subcontractor covered by the Moratorium and do not receive a letter to administratively close your compliance evaluation by June 18, 2014, you should send a written request to your local OFCCP office that the compliance evaluation be administratively closed, with a copy of your agreement to participate in the TRICARE program. A list of OFCCP’s local offices may be found at: http://www.dol.gov/ofccp/contacts/ofnation2.htm.


Our pharmacy is a TRICARE subcontractor covered by the Moratorium. We recently received advance notification that we would be scheduled for an OFCCP compliance review through a Corporate Scheduling Announcement Letter (CSAL). How should we respond?

At this time you need not do anything. OFCCP will administratively close all such cases by June 18, 2014. If, however, you later receive an OMB-approved scheduling letter, please contact your local OFCCP office to request that the compliance evaluation be administratively closed, with a copy of your agreement to participate in the TRICARE program. A list of OFCCP’s local offices may be found at: http://www.dol.gov/ofccp/contacts/ofnation2.htm.


Our rehabilitation clinic is a TRICARE subcontractor covered by the Moratorium. What employment records do we have to keep during the moratorium?

Except for the investigation of discrimination complaints, OFCCP will have a moratorium on enforcement of all obligations required of TRICARE subcontractors under Executive Order 11246, Section 503 of the Rehabilitation Act of 1973 (Section 503), and the Vietnam Era Veterans’ Readjustment Assistance Act of 1974 (VEVRAA), including the recordkeeping requirements. This moratorium does not extend to recordkeeping obligations that a TRICARE subcontractor may have under other federal nondiscrimination laws, including Title VII of the Civil Rights Act of 1964 and the Americans with Disabilities Act. During this time, OFCCP strongly encourages TRICARE subcontractors to become familiar with their obligations under our laws, including the recordkeeping requirements.


Our hospital is a TRICARE subcontractor covered by the Moratorium. An employee has filed a complaint with OFCCP, alleging that he has been discriminated against on the basis of disability. How should we respond?

As a TRICARE subcontractor, you are subject to the laws enforced by OFCCP. While the recently-issued Directive establishes a five-year moratorium on enforcement of the affirmative obligations under these laws, OFCCP will continue to investigate and resolve discrimination complaints. If an employee has filed a complaint of discrimination with OFCCP, an OFCCP compliance officer will contact your hospital to initiate the complaint investigation, which typically includes a review of records, interviews with employees and managers, and other investigative activities.

Upon notice by OFCCP to your hospital that a complaint of discrimination against your hospital has been filed with OFCCP, you must retain the following records in your possession until the final disposition of the complaint or any lawsuit or proceeding based on the complaint: 1) personnel or employment records relating to the issues under investigation as a result of the complaint, including all personnel and employment records related to the complainant or other persons alleged to be aggrieved and to all other employees holding or seeking positions similar to that held or sought by the affected individual(s); and 2) all personnel and employment records related to application of the employment practice that is the subject of the complaint, e.g., a pre-employment test or reasonable accommodation practices.


I am an employee and work for a TRICARE subcontractor covered by the Moratorium. What are my rights if I am being discriminated against on the basis of race, color, religion, sex, sexual orientation, gender identity, national origin, disability or veteran status?

As an employee of a TRICARE subcontractor subject to the laws enforced by OFCCP, you are protected from discrimination based on race, color, religion, sex, sexual orientation, gender identity, national origin, disability, or veteran status regardless of the Moratorium. If you believe that you have been discriminated against on any one of the protected bases listed above, you may file a complaint with OFCCP. In addition, an individual, organization, or group may file a complaint on your behalf, or on behalf of anyone who may be the victim of employment discrimination. For more information on OFCCP’s complaint process and standards for timely filing complaints, please visit OFCCP’s web page at http://www.dol.gov/ofccp/regs/compliance/pdf/pdfstart.htm


What kind of outreach and technical assistance will OFCCP conduct to inform TRICARE subcontractors of their responsibilities under OFCCP’s programs?

  1. Provide information, materials, and technical assistance training to TRICARE subcontractors on how to develop cost-effective affirmative action plans and recordkeeping and applicant tracking systems;
  2. Conduct regional and national webinars that cover OFCCP’s legal authorities, jurisdiction, and Federal contractor and subcontractor obligations; and
  3. Convene listening sessions to learn about the unique issues facing TRICARE subcontractors in order to provide relevant and targeted technical assistance under all of OFCCP’s legal authorities.

Specific details about outreach and technical assistance will be posted on our website, and OFCCP will proactively reach out to relevant stakeholders to inform them of this assistance.


How do I find out about the technical assistance programs OFCCP will conduct?

Please e-mail OFCCP at OFCCP-Public@dol.gov and reference "TRICARE training" in the subject line of your message to ensure that you receive notification about upcoming technical assistance and training events. In addition, you are encouraged to visit OFCCP's website at www.dol.gov/ofccp for additional information about OFCCP, the laws it enforces, technical assistance materials, and upcoming events.