VIA REGULAR MAIL
[Name of Senior Contractor Official]
[Title of Senior Contractor Official]
[City, State, Zip Code]
Dear [Name of Senior Contractor Official]:
Your company, [insert name of company], was awarded a contract or subcontract to work on the [insert name of the construction project or location of the project] construction project funded by the federal government. As a result, your company falls under the enforcement jurisdiction of the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP). This letter is to provide you information regarding your obligations as an employer working on federal contracts concerning equal employment opportunity (EEO) and affirmative action.
As a civil rights enforcement agency, OFCCP administers and enforces three equal employment opportunity laws that apply to federal contractors and subcontractors: Executive Order 11246, as amended; Section 503 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. 793 (Section 503); and the Vietnam Era Veterans’ Readjustment Assistance Act of 1974, as amended, 38 U.S.C. 4212 (VEVRAA). These EEO laws prohibit federal contractors from discriminating on the basis of race, color, religion, sex, sexual orientation, gender identity, national origin, disability and status as a protected veteran. Additionally, Executive Order 11246 prohibits federal contractors and subcontractors from taking adverse employment actions against applicants and employees for asking about, discussing or sharing information about their pay or the pay of their co-workers, subject to certain limitations.
You are required to retain personnel and employment records for a certain amount of time. If requested, you must also grant OFCCP access to these records and your worksite. You must prominently post the EEO is the Law poster and supplement, and the Employee Rights under the National Labor Relations Act posters informing your applicants and employees of their rights. In addition, you must post the Pay Transparency Nondiscrimination Provision either physically or electronically and include it in your employee handbook or manual.
Federal construction contractors are required to comply with affirmative action specifications for minorities and women related to outreach and recruitment, employee development and training. These specifications can be found in the Code of Federal Regulations (CFR) at Title 41, Part 60-4. Federal construction contractors with a contract that meets the coverage threshold requirements also have affirmative action obligations concerning protected veterans and qualified individuals with disabilities under VEVRAA and Section 503. You can find more details about these obligations at 41 CFR Part 60-300 (VEVRAA) and 41 CFR Part 60-741 (Section 503).
In addition, our Help Desk (1-800-397-6251) and district offices are available to answer questions or to provide compliance assistance. If you have any further questions, please contact our office at [insert office phone number and address] and please visit our website at https://www.dol.gov/ofccp/.
[Name of district director]