Non-Discrimination and Affirmative Action by Federal Contractors and Federally Assisted Construction Contractors (17.301)

Program

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

Federal Agency

Agency: Department of Labor
Office: Employment Standards Administration

Authorization

Executive Order 11246, as amended, September 24, 1965; Vietnam Era Veterans' Readjustment Assistance Act of 1974, as amended, Public Law 93-508; Executive Order 12086, October 5, 1978; Rehabilitation Act of 1973, as amended, Section 503, Public Law 93-112; Americans with Disabilities Act of 1990, as amended, Title I, Public Law 101-336; Veterans Codification Act of 1991, as amended, Section 5(a), Public Law 102-83, 38 U.S.C 4212; Executive Order 11375, October 13, 1967; 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.

Program Number

17.301

Last Known Status

Active

Objectives

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

Investigation of Complaints

Uses and Use Restrictions

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

Applicant Eligibility

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 an individual 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

Employees, former employees, or applicants with a Government contractor or federally assisted construction contractor, including construction sub-contractors.

Credentials/Documentation

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

Preapplication Coordination

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 Procedure

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, Employment Standards Administration. Complaints are forwarded to the appropriate OFCCP or EEOC (in the case of non-class type complaints under E.O. 11246) 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

Not applicable.

Deadlines

Contact the headquarters or regional office, as appropriate, for application deadlines.

Range of Approval/Disapproval Time

Under the Executive Order program, complaints must be investigated within 60 days. The Deputy Assistant Secretary for OFCCP may extend this time for good cause shown. Under the veterans and Section 503 programs, investigations must be instituted promptly.

Appeals

Under the Executive Order program, findings by OFCCP District and Regional Directors are subject to review by the Deputy Assistant Secretary for OFCCP. In the Section 503 and veterans programs, complainants may request a review by the Deputy Assistant Secretary for OFCCP. The Deputy Assistant Secretary, on his or her own initiative, may reconsider the determination. The parties will then be notified of the final determination.

Renewals

Not Applicable.

Assistance Considerations

Formula and Matching Requirements

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

Not applicable. See the following for information on how assistance is awarded/released: Not applicable.

Post Assistance Requirements

Reports

Audits

Not Applicable.

Records

Not applicable.

Program Accomplishments

Fiscal Year 2008: Program information is available on the OFCCP web page (http://www.dol.gov/esa/ofccp/). Fiscal Year 2009: Not Available. Fiscal Year 2010: Not Available.

Financial Information

Account Identification

16-0105-0-1-505.

Obligations

(Salaries) FY 08 $81,001,000; FY 09 est $82,107,000; FY 10 est $109,521,000. (Salaries) FY 08 not reported.; FY 09 est $2,498,000; FY 10 est $4,702,000 - American Recovery and Reinvestment Act Funding.

Range and Average of Financial Assistance

Not Applicable.

Regulations, Guidelines and Literature

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/esa/ofccp/.

Related Programs

16.101 Equal Employment Opportunity; 17.207 Employment Service/Wagner-Peyser Funded Activities; 29.001 Clearinghouse Services, Civil Rights Discrimination Complaints; 30.001 Employment Discrimination_Title VII of the Civil Rights Act of 1964; 93.001 Civil Rights and Privacy Rule Compliance Activities

Information Contacts

Regional or Local Office

See Regional Agency Offices. See Appendix IV of the Catalog for addresses and telephone numbers of regional offices of the Office of Federal Contract Compliance Programs, listed under the Employment Standards Administration, Department of Labor.

Headquarters Office

Lorenzo D. Harrison, Acting Director for Federal Contract Compliance Programs, 200 Constitution Avenue, NW, Washington, DC, District of Columbia 20210; Phone: 202-693-0101 Fax: 202-693-1304

Web Site Address

http://www.dol.gov.

Examples of Funded Projects

Not Applicable.

Criteria for Selecting Proposals

Not Applicable.