On August 10, the Department of Labor’s (DOL) Office of Federal Contract Compliance Programs (OFCCP) announced its plan to start scheduling focused reviews of federal contractors beginning in Fiscal Year 2019. Directive 2018-04 directs OFCCP staff to “work towards ensuring that a portion of future scheduling lists, starting with Fiscal Year 2019, include focused reviews as to each of the three authorities that OFCCP enforces.”
The specifics of the focused review plan and what contractors can expect if selected were not covered in the directive. Instead, the document directs OFCCP staff “develop a standard protocol for conducting the focused reviews anticipated by this Directive and to make this information available publicly in its FAQs prior to the next scheduling list being issued” and “develop staff training and contractor education and compliance assistance to provide guidance as to the focused reviews anticipated as well as to develop training for staff and contractors as to the focused reviews.” The directive does however indicate that OFCCP would come onsite and conduct a comprehensive review of a contractor’s compliance with the specific area of the focused review.
OFCCP enforces the Executive Order 11246, VEVRAA and Section 503 of the Rehabilitation Act of 1973. Collectively, these laws prohibit, federal contractors and subcontractors from discriminating on the basis of race, color, religion, sex, sexual orientation, gender identity, national origin, disability or status as a protected veteran. They also require federal contractors and subcontractors to take affirmative steps to ensure equal employment opportunity in their employment processes. Contractors and subcontractors also 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. In addition, these laws require that federal contracting agencies include in all covered contracts, and that contractors include in their subcontracts, an equal opportunity clause.
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