Ensuring Fair Employment Practices
For America's Workforce
The U.S. Department of Labor’s Office of Federal Contractor Compliance Programs (OFCCP) protects workers, promotes diversity, and enforces the laws and regulations of equal opportunity in the workplace. The OFCCP holds those companies who do business with the federal government (commonly referred to as contractors and subcontractors) true to the responsibilities of affirmative action – and takes a stand against discrimination on the basis of race, color, sex, sexual orientation, gender identity, religion, national origin, disability, or status as a protected veteran.
The origins of OFCCP can be traced back to the 1940s through a series of executive orders enacted by presidents, including Roosevelt, Eisenhower, and Johnson. The agency as it stands today was created in 1978 through written instructions by former President Jimmy Carter, and is governed by three equal employment opportunity laws:
Executive Order 11246
- Signed by President Lyndon B. Johnson on September 24, 1965, this order prohibits workplace discrimination and requires affirmative action based on race, color, religion, sex, sexual orientation, gender identity, or national origin. It also promotes pay transparency by, in certain circumstances, making it illegal to terminate, discipline, or otherwise discriminate against applicants and employees inquiring about, discussing, or disclosing compensation.
Section 503 of the
Rehabilitation Act of 1973
- Enacted in September of 1973 by President Richard Nixon, Section 503 of the Rehabilitation Act prohibits discrimination against individuals with disabilities, requires states and employers to provide priority of service to applicants with disabilities, directs employers to ask job applicants to self-identify as a disabled person, and instructs federal contractors and subcontracted employers to perform outreach to disabled populations.
Vietnam Era Veterans'
Act (VEVRAA) of 1974
- Known as the Jobs for Veterans Act, these regulations require that state workforce agencies provide priority of service to qualified and covered veterans, and that employers ask applicants to self-identify as a veteran. It further stipulates a Mandatory Job Listing requirement, and dictates that prime federal and subcontracted employers must immediately and concurrently list and prove that all open listings have been filed with state and local workforce job banks.
Recruit Fairly. Hire Fairly. Pay Fairly.
Through the rules enacted in these laws, the OFCCP ensures fair recruiting, hiring, and employment practices by employers who hold federal contracts. As an example, the OFCCP’s Postings & Notice Requirements for Mandatory Job Listings explicitly states that federal contractor employers must send all open job listings to the state labor exchange system (or the local workforce offices) in the state where the job will be performed.
To maintain compliance, the federal government randomly audits employer organizations, and if an organization is flagged for auditing, they will ask for proof that all jobs were sent and published on the state job board to confirm the position’s status as a fair hiring opportunity. Geographic Solutions serves as a partner to states and compliance vendors in making sure their Mandatory Job Listings are directly listed with the state job board, taking the highest of measures in both timeliness and accuracy.
Letting the Numbers
Speak for Themselves
When a company sells goods or services to the government, that company is considered a federal contractor (or subcontractor) and must immediately adhere to the Federal Contract Compliance Manual. Acknowledging this manual means that the contractor (employer) must make sure that their jobs are posted on their state’s job bank immediately and concurrently. To put this into perspective and to highlight the importance of OFCCP compliance, every member of the Fortune 500, every healthcare organization, every airline, every automaker, every public research and educational institution, and so forth – fall under the umbrella of a federal contractor or subcontractor.