The U.S. Department of Labor's Office of Federal Contract Compliance Programs (OFCCP) sometimes has National Interest Exemptions (NIEs) that apply to both supply and service and construction contracts. An NIE provides qualifying contractors with a temporary exemption from complying with OFCCP's affirmative action and administrative obligations under Executive Order 11246; the Vietnam Era Veterans' Readjustment Assistance Act, as amended (VEVRAA); and Section 503 of the Rehabilitation Act of 1973, as amended (Section 503). Some of the exempted contractor obligations include the preparation and maintenance of affirmative action programs, solicitation/advertisement requirements, the mandatory job listing requirement under VEVRAA, complying with the 16 affirmative action specifications (construction), and other recordkeeping and reporting requirements.
The agency designed its NIE program specifically to allow contractors to participate in emergency recovery efforts on an expedited basis. Please note that contractors qualifying for NIEs must still continue to abide by the nondiscrimination and non-retaliation obligations under OFCCP's laws. The agency will continue to accept and investigate complaints of discrimination and/or retaliation against contractors covered under a NIE. Contractors being investigated for discrimination and/or retaliation complaints must allow OFCCP access to its premises and records to investigate and determine compliance with the law.
Hurricane Eta National Interest Exemption
Due to the impact of Hurricane Eta, OFCCP has issued a temporary exemption from certain federal contracting requirements. For a period of three months, from November 12, 2020 to February 12, 2021, subject to possible extension, new federal contracts to provide Hurricane Eta relief efforts will be exempt from some obligations under Executive Order 11246, VEVRAA, and Section 503.
|National Interest Exemption||Dates of the Exemption|
|Hurricane Zeta||October 28, 2020 to January 28, 2021|
|Hurricane Delta||October 9, 2020 to January 9, 2021|
|Hurricane Sally||September 15, 2020 to December 15, 2020|
|2020 Oregon Wildfires||September 14, 2020 to December 14, 2020|
|2020 California Wildfires||September 11, 2020 to December 11, 2020|
|Hurricane Laura||August 27, 2020 to November 27, 2020|
|COVID-19||March 17, 2020 to June 17, 2020|
|Hurricane Dorian||September 3, 2019 to December 3, 2019|
|Nebraska Flooding||March 22, 2019 to June 22, 2019|
|Alaska Earthquake||December 3, 2018 to March 3, 2019|
|California Wildfire||November 19, 2018 to February 19, 2019|
|Hurricane Michael||October 11, 2018 to January 11, 2019|
|Hurricane Florence||September 17, 2018 to December 17, 2018|
|Hurricane Maria||September 21, 2017 to December 21, 2017|
|Hurricane Irma||September 8, 2017 to December 8, 2017|
|Hurricane Harvey||September 1, 2017 to December 1, 2017|
The contents of this document do not have the force and effect of law and are not meant to bind the public in any way. This document is intended only to provide clarity to the public regarding existing requirements under the law or agency policies.
Last updated on January 29, 2021