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Non-Discrimination and Affirmative Action by Federal Contractors and Federally Assisted Construction Contractors

This program contains Recovery Act funding.
Office of Federal Contract Compliance Programs OFCCP
Number: 17.301
Agency: Department of Labor
Office: Office of Federal Contract Compliance Programs

Program Information 

Program Number/Title (010):
17.301 Non-Discrimination and Affirmative Action by Federal Contractors and Federally Assisted Construction Contractors
Federal Agency (030):
Office of Federal Contract Compliance Programs, Department of Labor
Authorization (040):
Executive Order 11246, as amended, September 24, 1965; Executive Order 12086, October 5, 1978; Americans with Disabilities Act of 1990, as amended, Title I, Public Law 101-336; Executive Order 11375, October 13, 1967; Vietnam Era Veterans' Readjustment Assistance Act of 1974, as amended, Public Law 93-508; Veterans Codification Act of 1991, as amended, Section 5(a), Public Law 102-83, 38 U.S.C 4212; Rehabilitation Act of 1973, as amended, Section 503, Public Law 93-112; American Recovery and Reinvestment Act of 2009, Public Law 111-5; Immigration Reform and Control Act of 1986, Public Law 99-603, 8 U.S.C 1101.
Objectives (050):
To assure non-discrimination and affirmative action in employment by covered Federal contractors, including Federal construction contractors, and federally assisted construction contractors.
Types of Assistance (060):
Investigation of Complaints
Uses and Use Restrictions (070):
Setting policy, monitoring and evaluating the compliance of Federal contractors and federally assisted construction contractors with their obligation to ensure non-discrimination and affirmative action in employment without regard to race, religion, color, sex, or national origin; ensuring non-discrimination and affirmative action in employment for individuals with disabilities and covered veterans, i.e., with disabled veterans, Armed Forces service medal veterans, recently separated veterans, and other protected veterans. (Note: The terms "subcontract" and "subcontractor" are subsumed under the terms "contract" and "contractor", respectively.).
Eligibility Requirements (080)
Applicant Eligibility (081):
Complaints against Federal contractors and federally assisted construction contractors which allege employment discrimination on the basis of race, sex, religion or national origin, may be filed with OFCCP. In addition, any employee, former employee, or applicant for employment with a Government contractor who believes he or she has been the subject of discrimination on the basis of disability or covered veteran status may file a complaint of discrimination. Program benefits are available to applicants and employees of Federal contractors performing work in the United States; including the District of Columbia, the Commonwealth of Puerto Rico, the Panama Canal Zone, and the possessions of the United States (Virgin Islands, Guam, American Samoa, Trust Territories of the Pacific). Applicants and employees who were recruited in the United States by a Federal contractor to perform work outside of the United States are also covered.
Beneficiary Eligibility (082):
Employees, former employees, or applicants with a Government contractor or federally assisted construction contractor, including construction sub-contractors.
Credentials/Documentation (083):
None for Executive Order or Section 503 regulations; Veterans need DD 214 (discharge); Disabled veterans need evidence of qualifying disability. This program is excluded from coverage under OMB Circular No. A-87.
Application and Award Process (090)
Preapplication Coordination (091):
Preapplication coordination is not applicable. Environmental impact information is not required for this program. This program is excluded from coverage under E.O. 12372.
Application Procedures (092):
This program is excluded from coverage under OMB Circular No. A-102. This program is excluded from coverage under OMB Circular No. A-110. Any person seeking information or wishing to file a complaint may contact the nearest Office of Federal Contract Compliance Programs. Complaints are forwarded to the appropriate OFCCP or EEOC office for processing. Complainants who submit incomplete information will be requested to make additional submittal, and must do so within 60 days of the request.
Award Procedure (093):
Not applicable.
Deadlines (094):
Contact the headquarters or regional office, as appropriate, for application deadlines.
Range of Approval/Disapproval Time (095):
Under the Executive Order program, complaints must be investigated within 60 days. The Director for OFCCP may extend this time for good cause shown. Under the Veterans and Section 503 programs, investigations must be instituted promptly.
Appeals (096):
Under the Executive Order program, findings by OFCCP District and Regional Directors are subject to review by the Director for OFCCP. In the Section 503 and Veterans programs, complainants may request a review by the Director for OFCCP. The Director, on his or her own initiative, may reconsider the determination. The parties will then be notified of the final determination.
Renewals (097):
Not Applicable.
Assistance Consideration (100)
Formula and Matching Requirements (101):
Statutory formulas are not applicable to this program.
Matching requirements are not applicable to this program.
MOE requirements are not applicable to this program.
Length and Time Phasing of Assistance (102):
Not applicable. See the following for information on how assistance is awarded/released: Not applicable.
Post Assistance Requirements (110)
Reports (111):
Not Applicable.
Audits (112):
Not Applicable.
Records (113):
Not applicable.
Financial Information (120)
Obligations (122):
(Salaries) FY 09 $580,000; FY 10 est $4,702,000; and FY 11 est $0 - American Recovery and Reinvestment Act Funding. (Salaries) FY 09 $81,773,000; FY 10 est $104,976,000; and FY 11 est $113,433,000
Range and Average of Financial Assistance (123):
Not Applicable.
Program Accomplishments (130):
Fiscal Year 2013: No Current Data Available Fiscal Year 2014: No Current Data Available Fiscal Year 2015: No Current Data Available
Regulations, Guidelines, and Literature (140):
Equal Employment Opportunity, Executive Order 11246 as amended by Executive Orders 11375 and 12086; Regulations 41 CFR Part 60-1, Obligations of Contractors and Subcontractors; 41 CFR Part 60-2, Affirmative Action Programs (Revised Order 4); 41 CFR Part 60-3, Uniform Guidelines on Employee Selection Procedures (1978); 41 CFR Part 60-4, Construction Contractors Affirmative Action Requirements; 41 CFR Part 60-20, Sex Discrimination Guidelines; 41 CFR Part 60-30, Rules of Practice for Administrative Proceedings; 41 CFR Part 60-40, Examination and Copying of OFCCP Documents; 41 CFR Part 60-50, Guidelines on Discrimination Because of Religion or National Origin; 41 CFR Part 60-250, Affirmative Action and Nondiscrimination Obligations of Contractors and Subcontractors regarding special Disabled Veterans and Veterans of the Vietnam Era; 41 CFR Part 60-300, Affirmative Action and Nondiscrimination Obligations of Contractors and Subcontractors Regarding Disabled Veterans, Recently Separated Veterans, Other Protected Veterans, and Armed Forces Service Medal Veterans; 41 CFR Part 60-741, Affirmative Action and Nondiscrimination Obligations of Contractors and Subcontractors regarding Individuals with Disabilities and 41 CFR Part 60-742, Procedures for Complaints/Charges of Employment Discrimination Based on Disability Filed Against Employers Holding Government Contracts or Subcontracts. Questions and Answers on the Federal Executive Agency Uniform Guidelines on Employee Selection Procedures, March 1979, 44 Fed. Reg. 11996. These materials can be found on OFCCP's website at http://www.dol.gov/ofccp.
Information Contacts (150)
Regional or Local Office (151) :
See Regional Agency Offices. Contact information can be found on OFCCP's website at http://www.dol.gov.ofccp.
Headquarters Office (152):
Patricia A. Shiu, Director, Office of Federal Contract Compliance Programs, 200 Constitution Avenue, NW, Washington, District of Columbia 20210; Phone: (202) 693-0101 Fax: (202) 693-1304.
Website Address (153):
http://www.dol.gov/ofccp
Examples of Funded Projects (170):
Not Applicable.
Criteria for Selecting Proposals (180):
Not Applicable.