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Special Employment Considerations for Government Contractors

Federal contractors and subcontractors must adhere to an even higher level of equal employment opportunity laws and regulations enforced by the U.S. Department of Labor’s (DOL) Office of Federal Contract Compliance Programs (OFCCP).

The following three equal employment opportunity laws are enforced by OFCCP:

  • Executive Order 11246, as amended (E.O. 11246) prohibits discrimination and requires affirmative action to ensure that all employment decisions are made without regard to race, color, religion, sex or national origin.
  • Section 503 of the Rehabilitation Act of 1973, as amended (Section 503) prohibits discrimination and requires affirmative action in the employment of qualified individuals with disabilities.
  • The Vietnam Era Veterans' Readjustment Assistance Act of 1974, as amended (VEVRAA) prohibits discrimination against specified categories of veterans protected by the Act and requires affirmative action in the employment of such veterans.

OFCCP requires that all federal government contractors who hold federal contracts adhere to the following responsibilities:

  • Nondiscrimination in Employment
  • Affirmative Action Obligations
  • Filing an EEO-1 Report
  • VETS-4212 Report
  • Recordkeeping
  • Allowing OFCCP Access
  • Notices/Posters
  • Job Postings
  • Provision of Reasonable Accommodation
  • Prohibition Against Retaliation

OFCCP monitors compliance with these equal employment opportunity laws and their corresponding affirmative action requirements primarily through compliance evaluations, during which a compliance officer examines the contractor’s affirmative action program and employment practices. OFCCP also investigates complaints filed by individuals alleging discrimination by federal contractors and subcontractors on the basis of race, color, sex, religion, national origin, status as a qualified individual with a disability or as a protected veteran.

Generally, contractors with less than $10,000.00 in government contracts within a 12 month period or contracts performed outside of the United States (by employees not recruited inside the United States) will be exempt from OFCCP compliance.

To learn more about DOL’s efforts 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, visit the Office of Federal Contract Compliance Programs (OFCCP) website.

Additionally, some contracts require compliance with the Drug Free Workplace Act of 1988.

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