Please note: As of January 20, 2021, information in some news releases may be out of date or not reflect current policies.
U.S. Department of Labor Offers Additional Compliance Assistance to Contractors
WASHINGTON, DC – The U.S. Department of Labor's Office of Federal Contract Compliance Programs (OFCCP) released FAQs today on three different topics. The FAQs are another step in the Department's efforts to increase the transparency and effectiveness of compliance assistance to help contractors meet their responsibilities for equal employment opportunity.
Topics covered by the FAQs include validation of tests used by contractors when selecting workers for employment, OFCCP's use of "practical significance" during compliance evaluations, and how contractors can determine whether to include project-based or freelance workers in their affirmative action programs (AAPs) and employment activity data submitted to OFCCP.
"The Department of Labor is committed to providing helpful compliance assistance to federal contractors that will assist these companies in meeting their obligations to America's workers," said Acting Secretary of Labor Patrick Pizzella.
The FAQs on employment testing serve as a reminder for contractors to validate selection procedures used in the selection process if they find disparate impact, following the Uniform Guidelines on Employee Selection Procedure (UGESP). The FAQs on "practical significance" provide clarity for contractors on understanding how OFCCP determines where to apply investigative resources. The FAQs on project-based workers provide information on how to determine whether a worker doing business on a project or freelance basis is an independent contractor or an employee and whether they need to be included in AAPs.
"OFCCP is pleased to participate in the Department-wide focus on compliance assistance through these FAQs, which helps ensure federal contractor compliance with equal employment opportunity requirements," said OFCCP 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, have inquired about, discussed or disclosed 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/.