Office of Federal Contract Compliance Programs Compliance Assistance  for Construction  Contractors Please note that this presentation provides general information, it is not intended to substitute for the actual law and regulations regarding the program(s) described herein.

Overview  OFCCP • What is it? • How it works?  Laws OFCCP Enforces  Who is Covered • Employers • Employees  Obligations of Covered Construction Contractors

What is OFCCP?  Federal civil rights enforcement agency  Jurisdiction over federal contractors and subcontractors • Nondiscrimination • Affirmative Action

OFCCP’s Mission The purpose of the Office of Federal Contract Compliance Programs (OFCCP) is to enforce, for the benefit of job seekers and wage earners, the contractual promise of affirmative action and equal employment opportunity required of those who do business with the Federal government.

What Does OFCCP Do?  Conducts compliance evaluations  Conducts complaint investigations  Provides technical assistance  Engages in outreach and public education

Laws OFCCP Enforces  Executive Order 11246  Section 503 of the Rehabilitation Act of 1973  The Vietnam Era Veterans Readjustment Assistance Act of 1974

Who is Covered? Executive Order 11246 Federal Contractors and Subcontractors that hold any construction contract or federally assisted construction contract in excess of $10,000 must comply with the regulations to include  All of a construction contractor’s worksites both federal and non-federal  All employees who are engaged in onsite construction

Who is Covered? Section 503 of the Rehabilitation Act Federal Contractors and Subcontractors that hold any construction contract in excess of $15,000 must comply with the regulations to include  All of a construction contractor’s worksites both federal and non-federal  All employees

Who is Covered? VEVRAA Federal Contractors and Subcontractors that hold any construction contract of $100,000 or more must comply with the regulations to include  All of a construction contractor’s worksites both federal and non-federal  All employees

Regulatory Requirements  41 CFR 60-1 Executive Order Obligations of Contractors and Subcontractors  41 CFR 60-3 Uniform Guidelines on Employee Selection  41 CFR 60-4 Construction Contractors  41 CFR 60-300 Protected Veterans  41 CFR 741 Individuals with Disabilities

Obligations of All Contractors

 Non-Discrimination  Include Equal Opportunity Clause in Subcontracts and Purchase Orders

Obligations of All Contractors (continued) This contractor and subcontractor shall abide by the requirements of 41 CFR 60-1.4(a), 60-300.5(a) and 60741.5(a). These regulations prohibit discrimination against qualified individuals based on their status as protected veterans or individuals with disabilities, and prohibit discrimination against all individuals based on their race, color, religion, sex, sexual orientation, gender identity or national origin. Moreover, these regulations require that covered prime contractors and subcontractors take affirmative action to employ and advance in employment individuals without regard to race, color, religion, sex, sexual orientation, gender identity, national origin, disability or veteran status.

Obligations of All Contractors (continued)  Post Notice to Employees  Include the EEO Tag Line in Job Ads  Retain Employment Records • 1 year – employers with fewer than 150 employees or less than $150,000 in contracts • 2 years – all others  Permit OFCCP Access  Notify Unions of EEO Obligations

Affirmative Action Requirements 41 CFR 60-4  Applies to all contractors and subcontractors which hold any Federal or federally-assisted construction contract in excess of $10,000.  Compliance with the Standard Federal Equal Employment Opportunity Construction Contract Specifications (Executive Order 11246).  Implementation of each of the 16 Affirmative Action Steps.

Notice of Award 41 CFR 60-4.2(c) Give written notice to OFCCP within 10 working days of award of a contract or subcontract under these provisions.

Goals  Goals by geographical area (“SMSA”) are determined by the OFCCP Director  Goals are expressed as a percentage of hours worked by the aggregate workforce in each trade on all projects  Goals must reflect geographical area where work is performed  Goals are not quotas

16 Affirmative Action Specifications  Work Environment  Outreach and Recruitment  Training  Dissemination of EEO Policy • Internally • Externally

Specification 1 41 CFR 60-4.3 (a) 7.a. Ensure and maintain a working environment free of  Harassment  Intimidation  Coercion

Specification 2 41 CFR 60-4.3 (a) 7.b. Minority and female recruitment sources  Establish and maintain a current list  Provide written notification to community organizations  Maintain a record of the organization’s responses

Specification 3 41 CFR 60-4.3 (a) 7.c. Maintain a current file of: • names, • addresses, and • telephone numbers of each minority or female off-the-street applicant or minority or female referral from union, recruitment source, community organization.

Specification 4 41 CFR 60-4.3 (a) 7.d. Contractors must notify OFCCP when the union referral process has impeded the contractors’ efforts to meet its EEO and Affirmative Action obligations.

Specification 5 41 CFR 60-4.3 (a) 7.e. Training  Provide on the Job Training  Develop Opportunities  Participate in Training Programs

Specification 6 41 CFR 60-4.3 (a) 7.f. Disseminate the EEO Policy  Notice to unions and training programs  Policy manual and collective bargaining agreement  Company newspaper, annual report, etc.  Review of the policy with employees at least once a year  Post on bulletin boards

Specification 7 41 CFR 60-4.3 (a) 7.g. Internal Training on EEO Policy Annual review with all employees having any responsibility for • Hiring • Assignment • Layoff • Termination • Other employment decisions

Specification 8 41 CFR 60-4.3 (a) 7.h. EEO Policy Disseminate Externally  Advertise in the news media, specifically including minority and female news media  Written notification to and discussing with other Contractors and Subcontractors with whom the contractor does or anticipates doing business

Specification 9 41 CFR 60-4.3 (a) 7.i. Recruitment efforts directed toward minorities and females Both oral and written, sent to: • Community organizations • Schools • Recruitment and training organizations

Specification 10 41 CFR 60-4.3 (a) 7.j. Internal recruiting efforts include:  Request current minority and female employees to recruit other minorities and females  Summer and vacation employment to minority and female applicants both on the worksite and in other areas of a contractor’s workforce

Specification 11 41 CFR 60-4.3 (a) 7.k. Selection Procedures  Job related  Specific to the job requirements  Validate all tests and other selection requirements where there is an obligation to do so under 41 CFR 60-3

Specification 12 41 CFR 60-4.3 (a) 7.l. Current Employee Inventory  Annually inventory and evaluate all minority and female personnel for promotional opportunities  Encourage these employees to seek or to prepare for, through appropriate training, such opportunities

Specification 13 41 CFR 60-4.3 (a) 7.m. Monitor all personnel activity to ensure nondiscrimination EEO policies are being carried out: • Seniority practices • Job classifications • Work assignments • Other personnel practices

Specification 14 41 CFR 60-4.3 (a) 7.n. Non-segregated facilities and company activities including company sponsored events. Exception: • Separate or single-user toilet • Necessary changing facilities

Specification 15 41 CFR 60-4.3 (a) 7.o. Subcontracting - Solicitations of offers from minority and female contractors Document and maintain records • Construction opportunities • Supplies • Circulation of solicitations to minority and female associations

Specification 16 41 CFR 60-4.3 (a) 7.p. Review of supervisors performance under the contractor’s EEO policies and affirmative action obligations annually.

EEO-1 Report Requirements  Contractors and subcontractors with 50 or more employees and with a covered contract or subcontract of $50,000 or more must submit an annual EEO-1 Report  Due September 30th annually  Available on EEOC’s Web site (www.EEOC.gov)

Section 503 Requirements  Prohibits Discrimination on the Basis of Disability  Requires Reasonable Accommodations  Requires Affirmative Action

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Equal Opportunity Clause Include the EO Clause in covered subcontracts and purchase orders. Requires contractors to  Provide Notice to Employees and Applicants  Include tag line in job advertisement

Invitation to Self-Identify 41 CFR 60-741.42  Pre-offer: invitation to self-identify  Post-offer: invitation to self-identify  Employees: invitation to all employees in first year; and every five years thereafter; at least one reminder in intervening years. Must use OFCCP’s OMB Approved Form

Overview of AAP Components  Policy Statement  Review of Personnel Processes  Review of Physical and Mental Qualifications  Reasonable Accommodation  Anti-Harassment Procedures  External Dissemination of Policy, Outreach, and Positive Recruitment

Overview of AAP Components (continued)  Internal Dissemination of Policy  Audit and Reporting System  Responsibility for Implementation  Affirmative Action Training  Data Collection and Analysis  Utilization Analysis

Outreach and Recruitment 41 CFR 60-741.44(f)  Requires outreach and recruitment; provides examples; and retains contractor flexibility.  Requires documentation of activities and annual written assessment of the effectiveness of each of its activities.  If totality of efforts not effective, must identify and implement alternative efforts.  Retain these records for 3 years.

Data Collection Analysis 41 CFR 60-741.44(k) Requires contractors to document and update annually: • Number of individual with disabilities applicants; • Total number of applicants for all jobs; • Total number of job openings and jobs filled; • Number of individual with disabilities hired; and • Total number of applicants hired. Maintain these records for 3 years. Slide 41

Utilization Goal 41 CFR 60-741.45

Establishes a nationwide 7% utilization goal.  Apply goal to each job group annually, except if 100 or fewer employees, may apply goal to entire workforce.  If goal not met, determine if impediments to EEO exist; take steps to correct any identified problems.  Failure to meet goal is NOT a violation & will NOT carry penalties. Slide 42

VEVRAA Requirements  Prohibits discrimination against protected veterans  Requires Mandatory Listing of opportunities with State Employment Delivery System  Requires Affirmative Action

Equal Opportunity Clause Include the EO Clause in covered subcontracts and purchase orders. Requires contractors to  Provide Notice to Employees and Applicants  Include tag line in job advertisement  List Employment Opportunities with the ESDS

Mandatory Job Listing 41 CFR 60-300.5 Requires that contractors provide job listings “in a manner or format permitted by the appropriate employment service delivery system [ESDS].”

Information Provided to State Employment Services Contractors must provide additional information including status as a federal contractor, contact information, and its request for priority referrals.

VEVRAA: Self-Identification  Pre-offer: invitation to self-identify as a protected vet.  Post-offer: invitation to self-identify specific veteran category(ies) or, after the VETS-4212 reporting implementation of August 1, 2015, simply as a protected vet.  Model invitations contractors may use in Appendix B.

Overview of AAP Components  Affirmative Action Policy Statement  Review of Personnel Processes  Physical and Mental Qualifications  Reasonable Accommodation  Anti-Harassment Procedures  External Dissemination of Policy, Outreach, and Positive Recruitment

Overview of AAP Components (continued)  Internal Dissemination of Policy  Audit and Reporting System  Responsibility for Implementation  Affirmative Action Training  Data Collection and Analysis  Benchmarks for Hiring

Outreach and Recruitment 41 CFR 60-300.44(f)  Requires outreach and recruitment; provides examples; and retains contractor flexibility.  Requires documentation of activities and annual written assessment of the effectiveness of each of its activities.  If totality of efforts not effective, must identify and implement alternative efforts. Retain these records for 3 years.

Data Collection Analysis 41 CFR 60-300.44(k) Requires contractors to document and update annually:     

Number of protected veteran applicants Total number of applicants for all jobs Total number of job openings and jobs filled Number of protected veterans hired Total number of applicants hired

Maintain these records for 3 years.

Hiring Benchmark 41 CFR 60-300.45 Set Annually  Two methodologies for setting the benchmark: • National percentage of veterans in the civilian labor force; or • Establish an individual benchmark using five-factors identified in the revised regulations. 3 year recordkeeping requirement

VETS-4212 Report    •

Annual Report Contract of over $100,000 Due September 30th annually Questions – VETS  http://www.dol.gov/vets/vets-100.html  1-866-237-0275  [email protected]

Contact Information • Web site at www.dol.gov/ofccp • Local offices • OFCCP’s Help Desk: 1-800-397-6251 (TTY: 1-877-889-5627)