OFCPP Compliance

OFCCP Compliance

What is the OFCCP?

The Office of Federal Contract Compliance Programs (OFCCP) is a federal agency responsible for enforcing laws requiring federal contractors to show that they do not unlawfully discriminate against employees or jobs applicants, and that they are engaging in positive efforts to ensure equal employment opportunities for women, minorities, individuals with disabilities (IWDs), and veterans.  According to the OFCCP's website, OFCCP has close working relationships with other Departmental agencies. The OFCCP website also details OFCCP's enforcement procedures.

 


Applicable Laws and Regulations

These laws and regulations are available through the OFFCP website.

 


SUNY Policies and Procedures

There are no SUNY policies or procedures related to OFCCP Compliance.

SUNY Resources

SUNY Form Templates

Invitations to Self-Identify for Veteran and Voluntary Self-Identification of a Disability:

Note on the Frequency of the Self-Identification Forms:

 


References to Best Practices and Other Supplemental Material

Office of Federal Contract Compliance Programs website, part of the United States Department of Labor


Recent Federal Regulation Updates

1. Executive Order 11246 —  Prohibiting Discrimination Based on Sexual Orientation and Gender Identity

The Executive Order prohibits federal contractors and federally–assisted construction contractors and subcontractors, who do over $10,000 in Government business in one year from discriminating in employment decisions on the basis of race, color, religion, sex, sexual orientation, gender identity or national origin. The Executive Order also requires Government contractors to take affirmative action to ensure that equal opportunity is provided in all aspects of their employment. Additionally, Executive Order 11246 prohibits federal contractors and subcontractors from, under certain circumstances, taking adverse employment actions against applicants and employees for asking about, discussing, or sharing information about their pay or the pay of their co-workers.

On July 21, 2014, President Obama signed Executive Order 13672, amending Executive Order 11246, to prohibit federal contractors and subcontractors from discriminating on the basis of sexual orientation or gender identity. The Executive Order directed the Secretary of Labor to prepare regulations implementing the new protections. As a result, the Department of Labor published a Final Rule in the Federal Register on December 9, 2014, changing OFCCP’s regulations to require federal contractors and subcontractors to treat applicants and employees without regard to their sexual orientation or gender identity.  The amended regulations took effect on April 8, 2015.

2. Section 503 of the Rehabilitation Act of 1973: 

On August 27, 2013, the OFCCP announced changes to Section 503 of the Rehabilitation Act of 1973 (“Section 503”) and the Vietnam Era Veterans’ Readjustment Assistance Act (“VEVRAA”).

This regulation prohibits federal contractors and subcontractors from discriminating in employment contexts against individuals with disabilities (IWDs), and requires these employers to take affirmative action to recruit, hire, promote, and retain those individuals.  The recent update strengthens the affirmative action provisions of the regulations to aid contractors in their efforts to recruit and hire IWDs, and improve job opportunities for individuals with disabilities. The update also makes changes to the nondiscrimination provisions of the regulations to bring them into compliance with the ADA Amendments Act of 2008.

When did I need to be in compliance with the new regulations?  The updated regulations became effective on March 24, 2014. OFCCP recommends that contractors comply with the nondiscrimination provisions of the regulations as of this date if you do not have an Affirmative Action Plan.  However, if you have an Affirmative Action plan, OFCCP is providing contractors with an extended compliance date for the Affirmative Action Program (AAP) requirements of both rules.  Therefore, if you had an AAP in place on March 24, 2014, you may maintain that AAP until the end of your AAP year.

3. Vietnam Era Veterans’ Readjustment Assistance Act (VEVRAA):

On August 27, 2013, the OFCCP announced changes to Section 503 of the Rehabilitation Act of 1973 (“Section 503”) and the Vietnam Era Veterans’ Readjustment Assistance Act (“VEVRAA”).

This regulation prohibits federal contractors and subcontractors from discriminating in employment against protected veterans, and requires these employers to take affirmative action to recruit, hire, promote, and retain those veterans.  The update strengthens the affirmative action provisions of the regulations to aid contractors in their efforts to recruit and hire protected veterans and improve job opportunities for protected veterans.

When did I need to be in compliance with the new regulations?  The updated regulations became effective on March 24, 2014. OFCCP recommends that contractors comply with the nondiscrimination provisions of the regulations as of this date if you do not have an Affirmative Action Plan.  However, if you have an Affirmative Action plan, OFCCP is providing contractors with an extended compliance date for the Affirmative Action Program (AAP) requirements of both rules.  Therefore, if you had an AAP in place on March 24, 2014, you may maintain that AAP until the end of your AAP year.

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The information contained on the SUNY Compliance website is for general campus guidance only and is not intended, nor can be relied upon, as legal advice or the imposition on SUNY campuses of specific policies or requirements. The site is intended to be an informational-only clearinghouse for some of the laws, rules, and regulations that may impact the State University of New York’s campuses. Additionally, given the rapid, changing nature of laws, rules and regulations, there may be delays or omissions contained on this site which therefore cannot be relied upon as complete. For complete compliance information, consult your campus compliance officials. For legal advice, consult your lawyer.

Compliance