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Office of Federal Contract Compliance Programs
Agency overview
Formed1977; 47 years ago (1977)
Preceding agency
  • President's Committee on Equal Employment Opportunity
JurisdictionFederal government of the United States
HeadquartersWashington, D.C., U.S.
Employees450
Agency executives
  • Vacant, Director
  • Michele Hodge, Deputy Director (Career), Acting Director
Websitewww.dol.gov/agencies/ofccp

The Office of Federal Contract Compliance Programs (OFCCP) is part of the U.S. Department of Labor. OFCCP is responsible for ensuring that employers doing business with the Federal government comply with the laws and regulations requiring nondiscrimination. This mission is based on the underlying principle that employment opportunities generated by Federal dollars should be available to all Americans on an equitable and fair basis.

Statutes and executive orders

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OFCCP administers and enforces three equal employment opportunity laws: Executive Order 11246, as amended; Section 503 of the Rehabilitation Act of 1973, as amended; and the Vietnam Era Veterans' Readjustment Assistance Act of 1974, as amended, 38 U.S.C. § 4212 (VEVRAA). Collectively, these laws make it illegal for contractors and subcontractors doing business with the federal government to discriminate in employment because of race, color, religion, sex, sexual orientation, gender identity, national origin, disability, or status as a protected veteran. In addition, contractors and subcontractors are prohibited from discriminating against applicants or employees because they inquire about, discuss, or disclose their compensation or that of others, subject to certain limitations. Its regulations can be found at CFR Title 41 Chapter 60: Public Contracts and Property Management.

Agency history

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Seal

OFCCP, as it is today, was created in 1978 with Executive Order 12086 by President Jimmy Carter through a consolidation of all the Affirmative Action enforcement responsibilities at each federal agency with Executive Order 11246 to the United States Secretary of Labor.

The origins of the agency trace back to President Franklin D. Roosevelt and World War II when he signed Executive Order 8802, preventing discrimination based on race by government contractors.

In 1953 President Dwight D. Eisenhower created the President's Committee on Government Contracts with Executive Order 10479. The order was a follow-up to Executive Order 10308 signed by President Harry S. Truman in 1951 establishing the anti-discrimination Committee on Government Contract Compliance.

In 1961 President Kennedy issued Executive Order 10925 which created the President's Committee on Equal Employment Opportunity. This called for people to take affirmative action to ensure that applicants are hired and employees are treated during employment without regard to race, creed, color or national origin.

On September 24, 1965, President Lyndon B. Johnson signed EO 11246 transferring responsibility for supervising and coordinating the Federal Contract Compliance from the President's Committee to the Secretary of Labor who established the Office of Federal Contract Compliance (OFCC).

Executive Order 11375 by President Lyndon Johnson in 1967 added sex discrimination to OFCCP's mandate. In 1975 the name was changed from OFCC to OFCCP by President Gerald Ford. This reflected the addition of the responsibility to enforce laws prohibiting discrimination against the disabled and veterans.

Bush era

In 2003, the agency adopted its Active Case Management (ACM) procedures to speed up the processing of Supply and Service cases. This system was developed by then Deputy Director to the Deputy Assistant Secretary, William Doyle. [1] The system was developed because of a lower number of high profile discrimination cases developed after the end of the Clinton Administration. This disparity was because of slow down in traditional enforcement implemented in 2001 and 2002.[2]

The ACM procedure signaled to some that OFCCP would no longer be enforcing the heart of its mandate, affirmative action. Critics alleged the implementation of the ACM system also caused the agency to start 'creaming' its cases and only pursuing those cases that would produce a compensation or other discrimination case – an alleged violation of the NationsBank court case.[3]

In 2005, the agency has recently helped develop new applicant and record keeping regulations covering internet applicants.[4][5]

Obama era

The agency received increased attention under the Obama administration.[6] [7] This was signaled by the elimination of the Employment Standards Administration. During this time, some argued that the career staff lacked competence or were motivated by job security. Additionally, other staff were criticized for lack of experience.[8]

Contrary to federal law, critics alleged that the agency gave out its annual reviews based on a bell curve, wherein actual performance did not matter.[9] Many SES employees were reassigned to work at OFCCP.

Trump era

The Trump era saw a decrease in the agency's resources. At the end of the first Trump administration, OFCCP had less than half the staff that they had ten years before. Initially, Ondray Harris was chosen as the director of the agency.[10] His successor, Craig Leen, oversaw the implementation of Executive Order 13950.[11]

Past directors

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Past directors[12]

Main article: List of OFCCP DAS

Recent events

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In 2020, the OFCCP lost a $400 million lawsuit against Oracle.[13][14]

Organization

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Organization chart

The OFCCP operates from six regional offices,[15] covering the following states:

  • Mid-Atlantic: Delaware, District of Columbia, Maryland, Pennsylvania, Virginia, West Virginia[16]
  • Midwest: Illinois, Indiana, Iowa, Kansas, Michigan, Minnesota, Missouri, Nebraska, Ohio, Wisconsin[16]
  • Northeast: Connecticut, Maine, Massachusetts, New Hampshire, New Jersey, New York, Puerto Rico, Rhode Island, Virgin Islands, Vermont[16]
  • Pacific: Alaska, Arizona, California, Guam, Hawaii, Idaho, Nevada, Oregon, Washington[16]
  • Southeast: Alabama, Florida, Georgia, Kentucky, Mississippi, North Carolina, South Carolina, Tennessee[16]
  • Southwest and Rocky Mountain: Arkansas, Colorado, Louisiana, Montana, New Mexico, North Dakota, Oklahoma, South Dakota, Texas, Utah, Wyoming [16]

The national office has four divisions: Management & Administrative, Policy and Program Development, Program Operations, and the Office of Enforcement.[15]

Constituency groups

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See also

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References

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  1. ^ "William Doyle Biography". morganlewis.com. Archived from the original on March 13, 2007.
  2. ^ "ACM Reform". bakerdonelson.com.
  3. ^ "GOVERNMENT ISSUES". ofccp.com. Archived from the original on October 10, 2004.
  4. ^ "FAQ's on OFCCP's Internet Applicant Recordkeeping Rule". October 2005.
  5. ^ "OFCCP Issues Long Awaited Final Rule on Definition of Internet Applicant". Jackson Lewis. October 26, 2005. Retrieved November 16, 2021.
  6. ^ "OFCCP/AFFIRMATIVE ACTION NEWSLETTER" (PDF). neli.org. August 2009.
  7. ^ Sumner, Jay (August 6, 2009). "New Director". dcemploymentlawupdate.com. Archived from the original on December 29, 2010.
  8. ^ "Comment on OFCCP" (PDF). malyconsulting.com. Archived from the original (PDF) on June 15, 2004.
  9. ^ "Local 12 news". AFGE. Archived from the original on July 24, 2011.
  10. ^ Smith, Paige; Penn, Ben (July 26, 2018). "Head of Federal Contractor Watchdog Office Stepping Down". Bloomberg News.
  11. ^ DirectEmployers Association (January 24, 2021). "EO 13950 Imploded Even Before Biden Could Cancel it". JD Supra.
  12. ^ "Past OFCCP Directors". www.dol.gov/agencies/ofccp.
  13. ^ "Courts Finds No Evidence Of Discrimination At Oracle".
  14. ^ Anandi Chandrashekhar (September 24, 2020). "Judge rules in favour of Oracle in Labor Department's $400 million pay bias lawsuit". India Times. Retrieved September 24, 2020. The matter dates back to 2014, when the US Department of Labor's Office of Federal Contract Compliance Programs (OFCCP) audited the California-based firm and later sued it in 2017
  15. ^ a b "Organization Chart". OFCCP. U.S. Department of Labor. Retrieved August 15, 2021.
  16. ^ a b c d e f "Regional Office Directory". OFCCP. U.S. Department of Labor. Retrieved November 11, 2021.
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