Simultaneous with the mailing of the on-site confirmation letter, COs will seek information regarding the employment policies and practices of the contractor being scheduled from the EEOC, VETS (if appropriate) and other EEO and labor law enforcement agencies. Such information provides a better understanding of the contractor’s workforce and operations, and may indicate potential problem areas.196
a. EEOC and State and Local FEP Agencies. The CO sends an inquiry letter197 simultaneous with the mailing of the Construction Compliance Evaluation Notice. The inquiry letter goes to the appropriate district office of the EEOC, and to the appropriate state and local FEP agencies. It requests information on discrimination complaints filed against the contractor, and any other information that may be pertinent to assessing the contractor’s EEO posture. After 15 calendar days, COs must follow up by telephone with any agency that failed to respond or from which additional information is needed.
OFCCP has an MOU with EEOC that includes provisions about information sharing, complaint referrals, coordination and consultation. COs are urged to become familiar with the provisions of this MOU.
b. VETS, ESDS and DOL Enforcement Agencies. Unless jurisdiction is based solely on federally assisted construction contracts, COs must contact the regional VETS office and the appropriate local ESDS to request any information that could be pertinent to the pending review, including information regarding the contractor’s compliance with the mandatory job listing requirements of 41 CFR 60-300.5(a).198 When conducting compliance evaluations and complaint investigations, COs must query the VETS-4212 database to verify that a federal contractor completed the annual reporting requirements for the appropriate reporting year. Moreover, the information in this database, in combination with data provided pursuant to 41 CFR 60-300.44(k), may be useful when analyzing an employer’s recruitment and hiring practices. OFCCP provides a periodic report to VETS of contractors who have not filed the VETS-4212.199
Additionally, COs should check the DOL Enforcement Database at https://enforcedata.dol.gov/ for closed complaints and compliance evaluations of the contractor’s establishment, and contact other DOL enforcement agencies to identify the number, types and status of any complaints filed against the contractor. For example, the WHD may have filed FMLA violations related to the contractor that are the subject of a compliance evaluation.
196. COs would not contact VETS for information if jurisdiction is based solely on federally assisted construction contracts.
197. A sample of this letter is in this Manual as Letter L-2, Sample Inquiry Letter for Requesting Complaint Data from EEOC and State and Local FEPs.
198. Sample letters are in this Manual, including Letter L-3, Sample Inquiry Letter for Requesting Job Listing Requirements from Employment Service Delivery Systems, and L-4, Sample Inquiry Letter for Requesting Information on Pending Review from Veterans’ Employment and Training Service.
199. 41 CFR 60-300.60(c).