WASHINGTON, DC – The U.S. Department of Labor's Office of Federal Contract Compliance Programs (OFCCP) has released a Town Hall Action Plan based on insights and actionable recommendations derived from meetings hosted by the agency in 2019. Between Feb. 26, 2019 and Oct. 23, 2019, OFCCP hosted seven town hall meetings. These sessions allowed OFCCP to use feedback it received to review its compliance assistance efforts and identify ways to enhance contractors' understanding of their equal employment opportunity obligations.

"Our second Town Hall Action Plan shows our continued commitment to addressing contractor feedback,” said Office of Federal Contract Compliance Programs Director Craig Leen. "With the success of our first Town Hall Action Plan as a guide, we look forward to achieving even greater results as we implement this second action plan.”

The meetings hosted in 2019 helped OFCCP engage specific industries and stakeholder communities to assess their compliance assistance needs, and hear their ideas and the challenges they faced in meeting their equal employment opportunity obligations. The agency also sought input from the tech, financial, legal and educational industries, and targeted outreach to the veteran and Native American communities. It also received input from contractors, consultants, academics, human resource professionals, stakeholders, the legal community and members of the public who attended the sessions.

 In its plan, OFCCP addresses six emerging themes:

• Update and develop new resources to assist contractors in conducting outreach to diverse talent pools;
• Provide more compliance assistance and resources for contractors to develop effective affirmative action programs and allow for more dialogue with contractors during compliance evaluations;
• Enhance avenues  for collaboration between contractors;
• Enhance resources for protected veterans and their associates, including spouses;
• Enhance resources to increase the effectiveness of the Indian and Native American Employment Rights Program for Native American workers and job seekers; and
• Enhance resources for disability inclusion.

OFCCP's goal is to create a noticeable difference in the quality, consistence, availability and efficiency of compliance assistance materials; enhance resources; and increase transparency.

The agency's outreach is underway in cooperation with the department's Office of Compliance Initiatives (OCI), a cross-agency effort that complements the department's enforcement activities by strengthening and innovating compliance assistance outreach to provide employers and workers with access to information about their rights and responsibilities. As part of this, OCI launched Worker.gov and Employer.gov, both of which address a range of employment issues, including federal contractor responsibilities.

OFCCP is a civil rights agency in the U.S. Department of Labor. It enforces Executive Order 11246, Section 503 of the Rehabilitation Act of 1973, and the Vietnam Era Veterans' Readjustment Assistance Act of 1974. Collectively, these laws prohibit federal contractors and subcontractors from discriminating on the basis of race, color, religion, sex, sexual orientation, gender identity, national origin, disability or status as a protected veteran. For more information, please call OFCCP's toll-free helpline at 800-397-6251 or visit http://www.dol.gov/ofccp/.

The mission of the Department of Labor is to foster, promote and develop the welfare of the wage earners, job seekers and retirees of the United States; improve working conditions; advance opportunities for profitable employment; and assure work-related benefits and rights.

WASHINGTON, DC – The U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) today released its first-ever Contractor Compliance Institute (CCI) – an interactive learning management system designed to educate employers with federal contracts and subcontracts on how to comply with OFCCP’s Equal Employment Opportunity (EEO) regulations.

OFCCP developed the CCI to inform contractors on how to address EEO issues and make positive changes in the workplace. The CCI furthers this effort by providing useful tools for federal contractors to stay up-to-date with OFCCP programs and initiatives.

“I am very excited about the Contractor Compliance Institute,” said Office of Federal Contract Compliance Programs Director Craig E. Leen. “This compliance assistance program helps OFCCP achieve its important mission of ensuring equal employment opportunity. I encourage contractors to participate.”

Contractors can register for courses on the CCI webpage page, and subscribe to OFCCP email updates to receive timely notification of compliance assistance resources real time. Contractors may contact the OFCCP Help Line at 1-800-397-6251 (TTY 1-877-889-5627) to get additional information about the CCI.

OFCCP is a civil rights agency in the U.S. Department of Labor. It enforces Executive Order 11246, Section 503 of the Rehabilitation Act of 1973 and the Vietnam Era Veterans’ Readjustment Assistance Act of 1974. Collectively, these laws prohibit federal contractors and subcontractors from discriminating on the basis of race, color, religion, sex, sexual orientation, gender identity, national origin, disability or status as a protected veteran.

The Office of Compliance Initiatives (OCI) is a cross-agency effort that complements the department's enforcement activities by strengthening and innovating compliance assistance outreach to provide employers and workers with access to information about their rights and responsibilities. As part of this, OCI launched worker.gov and employer.gov, both of which address a range of employment issues, including federal contractor responsibilities.

CHARLOTTE, NC – After a routine compliance evaluation by the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP), Time Warner Cable LCC – a large telecommunications company – and the department have entered into an early resolution conciliation agreement. As a result, the company will pay $745,000 in back wages and interest to resolve hiring discrimination violations found at three company facilities. Time Warner Cable did not admit any wrongdoing.  

OFCCP’s preliminary findings showed Time Warner Cable discriminated against African Americans and women applying for sales representative, direct sales trainee and inbound telesales positions. The alleged practices occurred at the Time Warner facilities in Charlotte and Morrisville, North Carolina and West Columbia, South Carolina.

“This agreement ensures Time Warner Cable takes action to remedy discrimination, and proactively adopts practices that prevent it from happening again at any of its facilities,” said Office of Federal Contract Compliance Programs Southeast Regional Director Sam Maiden, in Atlanta, Georgia.

“OFCCP is satisfied that Time Warner Cable will pursue an early resolution conciliation agreement, and proactively address hiring and compensation equity nationwide,” said Director of the Office of Federal Contract Compliance Programs Craig E. Leen. “OFCCP’s Early Resolution Procedures program helps ensure prompter and broader relief for America’s workforce by allowing contractors facing a potential violation to proactively correct such violations and enact best practices to ensure future companywide compliance.”

In November 2018, OFCCP launched an effort to resolve supply and service compliance evaluations at the earliest stage possible with corporate-wide compliance and issued a directive establishing early resolution procedures. Time Warner Cable is one of the first federal contractors to volunteer for the program.

If you think you may be one of the applicants eligible for back pay or job opportunities from this settlement, or may know someone who is, please visit the OFCCP Class Member Locator for information about this, and other OFCCP settlements.

In addition to Executive Order 11246, OFCCP enforces Section 503 of the Rehabilitation Act of 1973 and the Vietnam Era Veterans' Readjustment Assistance Act of 1974. These laws, as amended, make it illegal for contractors and subcontractors doing business with the federal government to discriminate in employment because of race, color, religion, sex, sexual orientation, gender identity, national origin, disability, or status as a protected veteran. In addition, contractors and subcontractors are prohibited from discriminating against applicants or employees because they have inquired about, discussed, or disclosed their compensation or the compensation of others subject to certain limitations. For more information, please call OFCCP's toll-free helpline at 800-397-6251 or visit https://www.dol.gov/ofccp/. 

The mission of the Department of Labor is to foster, promote, and develop the welfare of the wage earners, job seekers and retirees of the United States; improve working conditions; advance opportunities for profitable employment; and assure work-related benefits and rights.

WASHINGTON, D.C. – The U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) today announced a Notice of Proposed Rulemaking that would codify OFCCP’s current resolution procedures and add an expedited conciliation option for more efficient resolutions.

“This proposal aims to provide federal contractors with greater certainty and transparency about the procedures that OFCCP follows during compliance evaluations to resolve employment discrimination and other material violations,” said Office of Federal Contract Compliance Programs Director, Craig E. Leen. 

The proposed rule codifies two formal notices that the agency has used for decades when it finds potential violations of equal employment opportunity laws: the Predetermination Notice (PDN) and the Notice of Violation (NOV). These notices provide federal contractors with an explanation of the agency’s findings and an opportunity to respond, allowing greater shared understanding of the case and providing opportunities to conciliate. The rule also codifies the recently established expedited resolution procedures in OFCCP’s Directive 2019-02, which allow a federal contractor found in violation of OFCCP’s regulations to bypass OFCCP’s normal resolution procedures and enter directly into a conciliation agreement prior to issuance of a PDN or NOV.

In addition, the proposed rule defines “statistical evidence” and “non-statistical evidence.” These two terms are used in the new regulatory text on resolution procedures. Defining these terms provides transparency and certainty on the meaning of the regulatory text. 

Public comments can be submitted electronically at http://www.regulations.gov, the Public Rulemaking Portal by January 29, 2020. The Federal Register notice contains instructions for other forms of submission, such as fax and mail.

OFCCP enforces Executive Order 11246, Section 503 of the Rehabilitation Act of 1973, and the Vietnam Era Veterans’ Readjustment Assistance Act of 1974.  Collectively, these laws prohibit federal contractors and subcontractors from discriminating on the basis of race, color, religion, sex, sexual orientation, gender identity, national origin, disability, or status as a protected veteran. Additionally, contractors must act affirmatively to ensure equal employment opportunity in their employment processes, and they must not discriminate against applicants or employees because they inquire about, discuss, or disclose their compensation or that of others, subject to certain limitations. For more information, please call OFCCP’s toll-free helpline at 800-397-6251 or visit http://www.dol.gov/ofccp/.

The mission of the Department of Labor is to foster, promote, and develop the welfare of the wage earners, job seekers, and retirees of the United States; improve working conditions; advance opportunities for profitable employment; and assure work-related benefits and rights.

WASHINGTON, DC - The U.S. Department of Labor's Office of Federal Contract Compliance Programs (OFCCP) has released a comprehensive Technical Assistance Guide (TAG) for the construction industry. The guide will assist contractors meet their legal requirements and responsibilities for equal employment opportunity by preventing violations before they occur.

OFCCP published the TAG for the construction industry to reflect current regulations and provide practical, useful compliance assistance resources for contractors in the construction industry. This guide provides a valuable self-assessment tool for contractors to review the practices they have in place to eliminate discrimination and achieve their equal employment opportunity goals. At a minimum, this guide will help federal construction contractors meet all of their obligations required under the law. It also highlights best practices and provides useful references.

"The Construction Technical Assistance Guide provides comprehensive and clear guidance that will help ensure equal employment opportunity and non-discrimination in the construction sector," said Office of Federal Contract Compliance Programs Director Craig E. Leen.

OFCCP is a civil rights agency in the U.S. Department of Labor. It enforces Executive Order 11246, Section 503 of the Rehabilitation Act of 1973, and the Vietnam Era Veterans' Readjustment Assistance Act of 1974. Collectively, these laws prohibit federal contractors and subcontractors from discriminating on the basis of race, color, religion, sex, sexual orientation, gender identity, national origin, disability, or status as a protected veteran. Additionally, contractors must act affirmatively to ensure equal employment opportunity in their employment processes, and they must not discriminate against applicants or employees because they inquire about, discuss, or disclose their compensation or that of others, subject to certain limitations. For more information, please call OFCCP's toll-free helpline at 800-397-6251 or visit http://www.dol.gov/ofccp/.

The mission of the Department of Labor is to foster, promote, and develop the welfare of the wage earners, job seekers, and retirees of the United States; improve working conditions; advance opportunities for profitable employment; and assure work-related benefits and rights.

WASHINGTON, DC - The U.S. Department of Labor's Office of Federal Contract Compliance Programs (OFCCP) today released its first scheduling list solely for reviews focused on compliance with the Vietnam Era Veterans' Readjustment Assistance Act of 1974. These reviews will be similar in scope to reviews OFCCP began earlier in 2019 focused on compliance with its disability law.

OFCCP plans to conduct 500 focused reviews under the VEVRAA, which will include a comprehensive review of a contractor's policies and employment practices as they relate exclusively to VEVRAA. The reviews will ensure that federal contractors and subcontractors comply with their nondiscrimination and affirmative action obligations. In August 2018, OFCCP announced its intent to conduct VEVRAA-focused reviews in Directive 2018-04.

"One of the Office of Federal Contract Compliance Programs' core responsibilities is to assure equal employment opportunity for our veterans," said Office of Federal Contract Compliance Programs Director, Craig E. Leen. "We have a responsibility to honor their service and contributions by ensuring that contractors provide an inclusive and nondiscriminatory workplace."

Contractors can find out if OFCCP has scheduled them for a VEVRAA-focused review by checking the Corporate Scheduling Announcement List in the OFCCP's FOIA Library.

In advance of the VEVRAA-focused reviews, OFCCP has updated its website with a new information on VEVRAA-focused reviews. The updates provide federal contractors with best practices, protected veterans' resources, FAQs and other information.

OFCCP enforces Executive Order 11246, Section 503 of the Rehabilitation Act of 1973 and VEVRAA. These laws, as amended, make it illegal for contractors and subcontractors doing business with the federal government to discriminate in employment because of race, color, religion, sex, sexual orientation, gender identity, national origin, disability, or status as a protected veteran. In addition, contractors and subcontractors are prohibited from discriminating against applicants or employees because they have inquired about, discussed, or disclosed their compensation or the compensation of others subject to certain limitations. For more information, please call OFCCP's toll-free helpline at 800-397-6251 or visit https://www.dol.gov/ofccp/.

The mission of the Department of Labor is to foster, promote, and develop the welfare of the wage earners, job seekers, and retirees of the United States; improve working conditions; advance opportunities for profitable employment; and assure work-related benefits and rights.

WASHINGTON, DC – The U.S. Department of Labor's Office of Federal Contract Compliance Programs (OFCCP) today released a directive renewing its commitment to military spouses. The directive encourages contractors to recruit, hire and retain the spouses of veterans and active duty military.

Directive 2020-01, "Spouses of Protected Veterans," will require OFCCP compliance officers to inquire with federal contractors during onsite investigations about their treatment of veteran spouses. The directive also provides a sample policy statement that federal contractors can incorporate into their employee handbooks promoting the equal employment opportunity of all military spouses.

"Military service usually requires multiple and frequent relocations, often creating an employment history that can add challenges to a spouse's ability to obtain and maintain employment and to achieve career goals," said Office of Federal Contract Compliance Programs Director Craig Leen. "While discrimination safeguards for spouses of protected veterans are not new, they can be overlooked. This directive is designed to help change that."

OFCCP's regulations state that it is unlawful for federal contractors to exclude or deny equal jobs or benefits to, or otherwise discriminate against, a qualified individual because that individual is known to have a family, business, social or other relationship or association with a known protected veteran. Earlier this year, OFCCP released Frequently Asked Questions on how the agency protects spouses of protected veterans from discrimination.

OFCCP enforces Executive Order 11246, Section 503 of the Rehabilitation Act of 1973 and the Vietnam Era Veterans' Readjustment Assistance Act of 1974. These laws prohibit federal contractors and subcontractors from discriminating on the basis of race, color, religion, sex, sexual orientation, gender identity, national origin, disability or status as a protected veteran. Additionally, contractors must act affirmatively to ensure equal employment opportunity in their employment processes, and they must not discriminate against applicants or employees because they inquire about, discuss, or disclose their compensation or that of others, subject to certain limitations. For more information, please call OFCCP's toll-free helpline at 800-397-6251 or visit http://www.dol.gov/ofccp/.

The mission of the Department of Labor is to foster, promote, and develop the welfare of the wage earners, job seekers, and retirees of the United States; improve working conditions; advance opportunities for profitable employment; and assure work-related benefits and rights.

WASHINGTON, DC – The U.S. Department of Labor announced today the issuance of two opinion letters that will assist active duty service members in their transitions to the civilian workforce.

The first letter, issued by the Department's Wage and Hour Division (WHD), addresses the applicability of the Fair Labor Standards Act (FLSA), the Davis Bacon Act (DBA), the Service Contract Act (SCA), and the Contract Work Hours and Safety Standards Act (CWHSSA) to the U.S. Department of Defense's (DOD) SkillBridge program. SkillBridge is a DOD job-training program that permits service members of any rank to use up to their last 180 days of service to work and learn with a participating employer that best matches that applicant's job training and work experience.

After carefully examining the relevant statutes, case law, regulations, and guidance, as well as the facts presented, the Department concludes in the letter, FLSA2019-4, that SkillBridge participants who follow its requirements and provide meaningful on-the-job training are not subject to these laws. These participants are not subject to the FLSA, DBA, or CWHSSA, and exempt from the SCA. The second letter, OFCCP2020-1, issued by the Department's Office of Federal Contract Compliance Programs (OFCCP), addresses whether employers that participate in SkillBridge are subject to OFCCP's jurisdiction. In opinion letter 2019-04 – the third to apply the Federal Grant and Cooperative Act – the Department concludes that employer participation in the SkillBridge program is not by itself sufficient to render an employer as a contractor subject to OFCCP's jurisdiction.

"These laws do not cover service members participating in compliant, learning-focused training in the U.S. Department of Defense's SkillBridge program. Stretching their scope to do so would be a disservice to those who serve our country in uniform and effectively deny these service members the opportunity to receive valuable on-the-job training to prepare them for a career after they leave the military," said Wage and Hour Division Administrator Cheryl Stanton. "This opinion letter will provide necessary clarity to businesses interested in participating in the SkillBridge program and ultimately benefit future transitioning service members and their families."

"The opinion letter issued today by the Office of Federal Contract Compliance Programs is another step toward ensuring transparency and certainty to stakeholders and contractors about OFCCP's jurisdiction," said Office of Federal Contract Compliance Programs Director Craig E. Leen. "The SkillBridge program provides necessary support and training and its indispensable role in helping service members transition to civilian life must be free of unwarranted regulatory restraints."

A WHD opinion letter is an official, written opinion on how a particular law applies in specific circumstances presented by the individual person or entity that requested the letter. An OFCCP opinion letter delineates how agency guidelines and regulations apply in the specific circumstances presented by the individual person or entity that requested the letter.

The Department encourages the public to submit requests for opinion letters to WHD and OFCCP to obtain an opinion or determine whether existing guidance already addresses their questions. The agencies exercise discretion in determining whether and how they will respond to each request.

This marks the 50th opinion letter issued by WHD and the 4th for OFCCP during this administration.

WASHINGTON, DC – The U.S. Department of Labor's Office of Federal Contract Compliance Programs (OFCCP) today announced a Notice of Proposed Rulemaking (NPRM) intended to clarify OFCCP's authority to help veterans, uniformed service members, and their families get access to the healthcare services they need.

The proposed rule would clarify that OFCCP has no authority over federal healthcare providers that participate in TRICARE, the healthcare program for uniformed service members, retirees and their families. The proposed rule offers an alternative that would establish a national interest exemption from Executive Order 11246, Section 503 of the Rehabilitation Act of 1973 and the Vietnam Era Veterans' Readjustment Assistance Act of 1974 for healthcare providers with agreements to furnish medical services and supplies to individuals participating in TRICARE.

TRICARE healthcare entities would still be required to follow all other federal, state and local laws prohibiting discrimination and protecting equal employment opportunity.

"For far too long, TRICARE operators have been left to guess about the level of oversight they receive from OFCCP," said Office of Federal Contract Compliance Programs Director, Craig E. Leen. "Today's proposed rulemaking will allow TRICARE providers to shift resources away from expenses related to legal uncertainties and toward the veterans, active service members and families they serve."

The Department encourages interested parties to submit comments on the proposed rule. The NPRM, along with the procedures for submitting comments, are available at https://www.dol.gov/ofccp/. The NPRM will be published in the Federal Register on November 6, 2019, and be available for public comment for 30 days.

OFCCP enforces Executive Order 11246, Section 503 of the Rehabilitation Act of 1973 and the Vietnam Era Veterans' Readjustment Assistance Act of 1974. These laws, as amended, make it illegal for contractors and subcontractors doing business with the federal government to discriminate in employment because of race, color, religion, sex, sexual orientation, gender identity, national origin, disability, or status as a protected veteran. In addition, contractors and subcontractors are prohibited from discriminating against applicants or employees because they have inquired about, discussed, or disclosed their compensation or the compensation of others subject to certain limitations. For more information, please call OFCCP's toll-free helpline at 800-397-6251 or visit https://www.dol.gov/ofccp/.

The mission of the Department of Labor is to foster, promote, and develop the welfare of the wage earners, job seekers, and retirees of the United States; improve working conditions; advance opportunities for profitable employment; and assure work-related benefits and rights.

PHILADELPHIA, PA - After an investigation by the U.S. Department of Labor's Office of Federal Contract Compliance Programs (OFCCP), Sysco Corp. has entered into conciliation agreements with the Department of Labor to resolve alleged gender discrimination at its Sysco Baltimore LLC, Sysco Eastern Maryland LLC, Sysco Central Pennsylvania LLC and Sysco Virginia LLC locations.

OFCCP investigators found that – from November 1, 2013, through December 31, 2014 – four Sysco facilities discriminated against 238 female applicants for outbound selector positions in Jessup and Pocomoke City, Maryland; Harrisburg, Pennsylvania; and Harrisonburg, Virginia. By doing so, the employer failed to comply with Executive Order 11246, which prohibits gender discrimination by federal contractors.

While not admitting liability, Sysco Corp. will pay a settlement total of $182,354.26 in back wages, interest and benefits to the affected females applicants at the four locations. The company will also make 60 job offers to original applicants as positions become available at these locations. Sysco Corp. will also review and revise their selection procedures, and train company personnel who recruit, select, and track applicants for outbound selector positions to eliminate practices that resulted in these violations.

"The U.S. Department of Labor takes very seriously the contractual obligation that federal contractors make to provide equal employment opportunities for all qualified job applicants, regardless of their sex," said Office of Federal Contract Compliance Programs Mid-Atlantic Regional Director Michele Hodge, in Philadelphia, Pennsylvania.

Based in Houston, Texas, Sysco Corp. is a multinational marketer and distributor of food products to restaurants, healthcare and educational facilities, and the hospitality industry. During the review period, Sysco Corp. provided products under federal contract to federal agencies, including the Bureau of Indian Affairs, the Defense Logistics Agency, the Department of Veterans Affairs and the Department of the Army.

In addition to Executive Order 11246, OFCCP enforces Section 503 of the Rehabilitation Act of 1973, and the Vietnam Era Veterans' Readjustment Assistance Act of 1974. These laws, as amended, make it illegal for contractors and subcontractors doing business with the federal government to discriminate in employment on the basis of race, color, religion, sex, sexual orientation, gender identity, national origin, disability, or status as a protected veteran. In addition, contractors and subcontractors are prohibited from discriminating against applicants or employees because they have inquired about, discussed, or disclosed their compensation or the compensation of others subject to certain limitations. For more information, please call OFCCP's toll-free helpline at 800-397-6251 or visit https://www.dol.gov/ofccp/.

The mission of the Department of Labor is to foster, promote, and develop the welfare of the wage earners, job seekers, and retirees of the United States; improve working conditions; advance opportunities for profitable employment; and assure work-related benefits and rights.