The manual provides guidance for ofccps compliance officers cos in conducting compliance evaluations, complaint investigations and providing federal contractors with compliance assistance. The ofccp was created with the goal of monitoring and regulating nondiscrimination for business contractors and subcontractors dealing with the federal government. Technical assistance guide for federal construction. The national industry liaison group nilg is a nonprofit organization formed in 1992 for the main purposes of improving communications between the u.
Between sourcing talent, screening candidates, managing your pipeline, and setting up interviews, there is no time to consider what information you should or should not be collecting. Ofccp publishes newly revised federal contract compliance manual. In its own words, the purpose of the office of federal contract compliance programs ofccp is to. The new compliance manual is packed with useful information on retaliatory claims and is over 60 pages long. Equal employment opportunity posters every employer covered by the nondiscrimination and eeo laws is required to post on its premises the poster, equal employment opportunity is the law. Equal employment opportunity commission eeoc, 18006694000 tollfree or 18006696820 tollfree tty number for individuals with. Tty 18778895627 division of policy, regulations line.
Meant to be a comprehensive manual for all things ofccp enforcementrelated, it is also a somewhat unwieldy document that unfortunately has not often been updated to reflect current. Eeoc ofccp memorandum of understanding on coordination of. Eeoc ofccp memorandum of understanding on coordination. Topics include protected individuals, covered entities, standing, timeliness, and preclusion. However, the ofccp s fedearl contract compliance manual fccm, the manual used to train ofccp compliance officers, dedicates an entire chapter to cmces chapter 4. Think of it this wayoffice of federal contract compliance programs ofccp has given us insight into its interpretation of authority, scope, process, etc. The newly revised fccm provides ofccp staff the procedural framework for executing quality and timely compliance evaluations and complaint investigations. Employers holding federal contracts or subcontracts section revisions.
Ofccp s mandatory job listing requirement under vevraa requires employers to list their jobs with the esds also known as state job banks and provide proof of compliance. With a quality ats equipped with compliance tools, recruiters no longer need to worry about manual data capture. Within the department of labors dol office of federal contract compliance programs ofccp and the equal employment opportunity commission eeoc, there have been important policy, enforcement, and leadership changes. The equal employment opportunity commission eeoc and office of federal contract compliance programs ofccp requirements are put in place to ensure that companies hiring practices do not discriminate against certain protected classes of applicants. Office of federal contract compliance programs ofccp pay transparency nondiscrimination provision. The eeoc is the agency that handles concerns for any discrimination. Ofccp updates the federal contract compliance manual. Equal employment opportunity commission under president obama, the eeoc. The focus on the ofccp s new approach to audit and compliance enforcement will be discussed. Department of labors office of federal contract compliance programs ofccp and industry liaison groups ilgs.
Records required for eeocofccp compliance presented as a fast paced yet informative one hour webinar on wednesday, june 4 th at 11. As per the continued efforts towards transparency of director craig leens tenure, the office of federal contract compliance programs ofccp has produced an updated version of the federal contract compliance manual fccm. The commission has begun a new manual in a different format. Legal disclaimer the materials presented today in both written and oral forms are for information only and were prepared for this. Acts of discrimination can include concerns through advertising, recruitment and hiring, job assignment, and promotional opportunities, benefits of employment and wages, training and apprenticeship, disciplinary actions, and removal from employment. The section provides guidance and instructions for investigating and analyzing coverage, timeliness, and other threshold issues that are generally addressed when a charge is first filed with the eeoc. Trump administration signals delay in merger of eeoc and ofccp. Aug 30, 20 the office of federal contract compliance programs ofccp has issued its new federal contract compliance manual fccm in an effort to provide its staff with the procedural framework necessary for quality and timely compliance evaluations and complaint investigations. Federal contract compliance manual fccm appendix a1 part a. Department of labor, office of federal contract compliance programs ofccp and the equal employment opportunity commission eeoc first entered into this memorandum of understanding mou in 1970 to further the objectives of congress under title vii of the civil rights act of 1964, as amended title vii, in coordination with. Ofccp eeoc enforcement activity and trends prepared exclusively for ohio ilg. Ofccp and the department of wage and hour division entered into a memorandum of understanding under which ofccp incorporates an fmla inspection into its compliance evaluation procedures. The time limitations for filing compensation discrimination charges is addressed in. Currently, neither the eeoc nor the vets administration has issued any guidance on the impact that closures and mandatory teleworking may have on the eeo1.
As with the initial 60day notice, published in september 2019, eeoc continues to seek a threeyear approval for the standard eeo1 data collection for years 2019, 2020, 2021, but with a new paperwork. It has been updated throughout to reflect revisions to ofccp s regulations, changes in practices, and to ensure transparency and provide greater clarity for the. New compliance manual section 2 threshold issues issued 51200 discusses requirements that a charging party must satisfy before the substantive claim of discrimination can be considered. Late reporting the office of federal contract compliance programs ofccp quietly released the longanticipated update the last update was in 2014 to its federal contract compliance manual. This engaging topic will also discuss ofccp s latest enforcement practices. Office of federal contract compliance programs about us contact us subscribe. Like eeoc, ofccp has a criticaland clearlyworthy mission. This newly updated fccm is now a completely electronic collection of web pages that links through the variety of content that reflects a multitude of changes to ofccp. Affirmative action news eeo, aap, and ofccp updates for. Compliance manual equal employment opportunity commission. Its one of the ways that saves time and cost of the people. The manual provides guidance for ofccp s compliance officers cos in conducting compliance evaluations, complaint investigations and providing federal contractors with compliance assistance. Do you need to track your applicant data for eeoc or ofccp. On december 30, 2019, ofccp updated its federal contract compliance manual fccm for the first time since 2014.
This letter is intended to provide an informal discussion of the noted issue and does not constitute an official opinion of the commission. Builtin eeo and ofccp functionality such as reason for nonselection, minimum qualifications and more keep your company safe, allowing you to focus on activities that get candidates in the door. Ofccp encourages voluntary compliance and provides compliance assistance regarding the requirements of the eeo laws that apply to federal contractors. Make sure that you are properly recording who is and who is not an internet applicant under the ofccp and the eeoc rules. A few days ago the equal employment opportunity committee eeoc traded in their used 1998 compliance manual for a brand spanking new manual with all the bells and whistles from the last two decades of jurisprudence.
To preserve the ability of eeoc to act on your behalf and to protect your right to file a private lawsuit, should you ultimately need to, you should contact eeoc promptly when discrimination is suspected. Dols office of federal contract compliance programs ofccp or the agencythe federal agency tasked with enforcing the affirmative action and nondiscrimination requirements of federal contractors. If you have previously applied to a position on our website, input your email address and password below to login. The purpose of the office of federal contract compliance programs ofccp is to enforce, for the benefit of job seekers and wage earners, the contractual promise of affirmative action and equal employment opportunity required of those who do business with the federal government. Employment law guide employment nondiscrimination and equal. Mandatory supplement to eeoc 902 and ofccp 808 eeo is the law posters. Ofccp positions itself as primary agency for investigation. Eeo1 form reporting for 2018 and trends in ofccp compliance duration.
What information about your organization have they received from the eeoc or state fair employment agencies. An item in president trumps proposed budget fiscal year 2018, merging the equal employment opportunity commission and the office of federal contract compliance programs, met immediate resistance. The fccm provides guidance for ofccp s compliance officers. This transmittal covers the issuance of the eeoc enforcement guidance on retaliation and related issues, a subregulatory document that provides guidance regarding the statutes enforced by the eeoc. Covid19 has employers adjusting to accommodate virtual meetings, events, and more. The law requires an employer to post notices describing the federal laws prohibiting job discrimination based on race, color, sex, national origin, religion, age, equal pay, disability and genetic information.
A dir does not change the laws and regulations governing ofccp s programs and does not establish any legally enforceable rights or obligations. He directs the preparation of more than 1,500 aaps each year and has defended. Our mission in labor compliance is to create a fair and level playing field among contractors bidding on caltrans projects by ensuring consistency throughout the state in enforcement of federal and state labor laws and to ensure that employees working on caltrans projects are paid contract specified prevailing wages and that they are allowed to work in an equal. Eeoc enforcement guidance on retaliation and related issues. Difference between ofccp and eeoc difference between. In august 2009, the eeoc issued a revision of the threshold issues compliance manual section to address the time limitations for filing charges alleging compensation discrimination pursuant to the lilly ledbetter fair pay act of 2009.
Eeoc office of legal counsel staff members wrote the following informal discussion letter in response to an inquiry from a member of the public. Careerbuilders ofccp compliance mandatory job listing is designed to help federal contractor and subcontractor employers meet the highest standards of ofccp compliance readiness and audit protection for the mandatory job listing requirements and associated recordkeeping obligations for section 4212 of vevraajva as enforced by ofccp. Guide for small businesses with federal contracts u. Think of it this wayoffice of federal contract compliance programs ofccp has.
The fccm is essentially the compliance officers co roadmapand is probably one of the best ways you can prepare for an audit. This transmittal covers the issuance of section 2 of the new compliance manual on threshold issues. The eeo laws that apply to federal contractors are enforced by the office of federal. One week before the typical eeo1 filing deadline of march 31st, eeoc published a notice of information collection in the federal register for a 30day comment period.
Eeo1 form reporting for 2018 and trends in ofccp compliance. Ofccp enforces executive order 11246 not title viii large body of law guides enforcement under title vii eeoc procedural prerequisites do not bind ofccp ofccp brings in title vii concepts and some would argue elements of the equal pay act but is not limited by the title vii procedural framework. In august 2009, the eeoc issued a revision of the threshold issues compliance manual section to address the time limitations. The above is recap, covering the essential rules and considerations of retaliation claims. Assess your eeoc or ofccp compliance standing in 30 seconds. At the same time, ofccp shall notify the complainant and the contractorrespondent of the transfer, the reason for the transfer, the location of the eeoc office to which the complaint was transferred and that the date ofccp received the complaint will be deemed the date it was received by eeoc. Such transparency may also facilitate earlier resolution of alleged discrimination indicators. The federal contract compliance manual fccm is the primary document used to train ofccp compliance officers co and as a reference document for cos in the field.
Checking off another of the agencys to dos, ofccp has published revisions and updates to the federal contractor compliance manual fccm the manual is the agencys instruction manual providing. Executive order 11246, as amended, prohibits employment discrimination based on race, color. Office of federal contract compliance programs a directive dir is intended to provide guidance to ofccp staff or federal contractors on enforcement and compliance policy or procedures. Ofccp revises federal contract compliance manual hudsonmann.
Applicantpro provides you with easytouse eeo and ofccp reporting tools that help you prove your compliance without the work or hassle. Office of federal contract compliance programs ofccp. Mar 20, 2020 ofccps federal contract compliance manual fccm has been updated. Select a state alabama alaska arizona arkansas california colorado connecticut delaware florida georgia guam hawaii idaho illinois indiana iowa. Ofccp has developed this brief new contractors resource guide to introduce new contractors to their eeo obligations, the enforcement process, and the array of resources. Employer and civil rights groups oppose merger of eeoc and. The notice must be posted prominently, where it can be readily seen by employees and applicants for employment. Commission eeoc and ofccp to collect certain employment data. Our system ensures you have all the necessary documentation, including a pdf snapshot of the posting on the esds, and the confirmation id number from the esds with the date. Ofccp s federal contract compliance manual fccm has been updated. The eeo laws that apply to federal contractors are enforced by the office of federal contract compliance programs ofccp, an agency of the u.
Ofccp is pleased to announce the publication and implementation of our newly revised federal contract compliance manual fccm. Learn the complex eeo1 reporting requirements as well as practical approaches to completing and submitting the eeo1 report by the filing deadline. Released federal contractor compliance manual fccm on december 30, 2019 updates the fccm last updated 2014 provides guidance to contractors on what and how ofccp conducts compliance evaluations and provides detailed guidance on what will and will not be found to be compliant on each of the regulatory requirements. For whatever reason, ofccp had for many years fallen out of the practice of issuing pdns, despite the fact they are set forth in ofccp s own manual for conducting audits the federal contractor compliance manual fccm. This article provides insight into how new leadership within eeoc and ofccp has impacted the design, implementation, and monitoring. Jun 21, 2004 employers covered by the ofccp may ultimately have to keep two sets of applicant records o one set for the eeoc and one set for the ofccp. Eeoc statelocal fep agencies for eeo litigationcourt orders. Equal employment opportunity commission eeoc, 18006694000. Eeoc publications equal employment opportunity commission. New regulations and fact sheets published by the ofccp and eeoc on sex, pregnancy and pay discrimination page 3 prohibits treating employees or applicants adversely because they have received, are receiving, or are planning to receive transition. Ofccps federal contract compliance manual fccm has been.
People rely mostly on the way that do the work fast. To ensure that federal contractors are complying with equal employment opportunity requirements, the secretary of labor should direct the director of ofccp to make changes to the contractor scheduling list development process so that compliance efforts focus on those contractors with the greatest risk of not following equal employment opportunity and affirmative action. When hiring for a new position, compliance is the last thing on your mind. G the basic eeo requirements under executive order 11246. Labors dol office of federal contract compliance programs ofccp of. Federal contract compliance manual fccm table of contents iii 1n02 analysis based on a particular race or ethnicity 48 1o analysis of eo 11246 aap. Strengthening oversight could improve federal contractor. Covid19 impact on ofccp, eeo1 and vets4212 compliance. Ofccp updated the federal contractor compliance manual. Ofccp proposes codification of procedures for addressing. Berkshires explanation of the newly revised federal contract compliance manual fccm released by the department of. It is intended to communicate the commissions position on important legal issues. Federal contractor compliance manual berkshire associates inc.
Ofccp releases updates to federal contractor compliance manual. The executive order 11246 section is revised as follows. Aug 30, 2019 the department of labors office of federal contract compliance programs ofccp has released a new compliance assistance guide that makes subtle but important changes to the language federal contractor employers are required to use in advertisements for prospective employees informing them of the organizations status as an equal opportunity employer. The ofccp has granted a limited national interest exemption for new covid19 related contracts and is handling extension requests for current compliance evaluations on a casebycase basis. Every employer covered by executive order 11246, as amended, is required to post the pay transparency nondiscrimination provision and include it in employee manuals. And the fccm is available to the public on the ofccp s website in a downloadable, fully searchable pdf file though that file is fairly large, so you may want to just view it online. The fccm provides guidance for ofccp compliance officers conducting compliance evaluations and complaint investigations while also serving. For example, the manual speaks specifically to the family medical leave act fmla. Affirmative action eeo overview optimize your affirmative action and eeo compliance programs with expert consulting services and technology more aap services effectively navigate the complex compliance and reporting requirements of the ofccp and eeoc more ofccp audit support expert consultation and guidance throughout the audit process more.
The update, dated december 23, 2019, included a catalog of revisions for quick reference. When the office of management and budget comes out with its full budget for 2019, there may be no funding for the office of federal contract compliance programs ofccp. We have come a long way as a society wherein discrimination was an accepted practice, particularly in the workplace. Aug 30, 2017 as we previously reported, president trump, as part of his fiscal year 2018 budget request, proposed a merger of the office of federal contractor compliance programs ofccp and the equal employment opportunity commission eeoc to promote greater efficiency and effectiveness. Employer and civil rights groups oppose merger of eeoc and ofccp. Ofccps federal contract compliance manual enters the 21st.