Where Law and Statistics Meet

FAQs

DEAN SPARLIN ESQ.

Employment Law and Statistical Analysis

Focusing on Employment Law Needs of Employers: Affirmative Action
Plans · OFCCP Compliance Defense · OSHA Compliance · Wage and Hour Compliance

Enforcement

 

Who enforces the affirmative action plan requirements?

The Office of Federal Contract Compliance Programs (OFCCP), an agency within the Department of Labor, is responsible for enforcing the federal affirmative action plan regulations.

How does the Office of Federal Contract Compliance Programs carry out its enforcement responsibilities?

The OFCCP conducts several thousand compliance reviews each year. An OFCCP compliance officer will review the contractors written plan and will generally conduct an on-site audit. The compliance officer will look both for violations of specific regulatory requirements and for evidence of discrimination against protected groups, including minorities and women.

How does the Office of Federal Contract Compliance Programs select a contractor for a compliance review?

The OFCCP reviews the EEO-1 reports that are prepared and submitted annually by federal contractors. A mathematical model, the Federal Contractor Selection System (FCSS), is applied to this data to predict the likelihood of systemic discrimination. The model compares the employers data to profiles for the relevant industry developed from census data for the appropriate geographic area. Subject to a few exceptions, the OFCCP selects employers with the highest FCSS rankings for a review. The OFCCP also may initiate a compliance review based on an employee complaint, or it may conduct a pre-award review if a company is under consideration for a federal contact valued at $10 million or more.

What are the possible consequences if I do not fulfill my affirmative action obligations?

The most severe potential sanctions are debarment from federal contract eligibility and back wage demands for alleged victims of discrimination. For some violations, the OFCCP may seek a conciliation agreement committing the contractor to specific actions that address concerns raised in the audit. The contractors future performance will be monitored, and sanctions are available if the conciliation agreement is violated.

How should I respond to a compliance review?

The best approach is to establish an atmosphere of cooperation. An OFCCP compliance officer who becomes concerned that a contractor is not being forthcoming may feel compelled to dig even deeper. On the other hand, you may have legitimate concerns about the scope of an OFCCP review or a specific request. It is entirely appropriate to raise these issues with a compliance officer in a straightforward and respectful manner. If you are unsure about your obligations or the appropriate course of action, the Sparlin Law Office can provide specific advice applicable to your individual situation.

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