Posts from October 2017.

Citing personal experiences of its members, the U.S. Chamber of Commerce has released a harsh critique of the Office of Federal Contract Compliance Programs. The Report, entitled “Office of Federal Contract Compliance Programs:  Right Mission, Wrong Tactics,” recommends specific actions the OFCCP should take to improve both its enforcement efforts and its relationship with the contractor community. 

Criticisms based on OFCCP’s aggression and antagonism toward contractors

The Chamber begins its Report with this description of the Agency:

OFCCP has become an agency that appears to focus more on garnering splashy headlines and securing high-dollar settlements than it does simply pursuing its admirable, if at times, unglamorous mission. As this white paper demonstrates, OFCCP is too often antagonistic toward the regulated community, ignores myriad and effective diversity efforts undertaken by contractors, engages in overly broad and unreasonable fishing expeditions for employment data, and pursues take it or leave it conciliation efforts.

Although not best-known for investigating individual complaints of discrimination, the Office of Federal Contract Compliance Programs can -- and will -- do just that. 

The Agency recently announced that its complaint form had been updated. It can now be completed electronically and submitted automatically to an OFCCP regional office. The form can also be transmitted from mobile devices. 

The updated form asks complainants to state why they believe the employer discriminated or retaliated against them. In addition to the traditional bases, such as race, national origin, and sex, the form also allows individuals to select newly protected characteristics:

  • Sexual Orientation
  • Gender Identity
  • Inquiring About Pay
  • Discussing Pay
  • Disclosing Pay

Our Affirmative Action Alert blog focuses on the latest news and topics affecting federal contractors and subcontractors and their compliance with affirmative action and other employment-related laws and regulations.  With breaking news, quick updates, and headlines on the Office of Federal Contract Compliance Programs and affirmative action issues, this blog is a great resource for in-house counsel, HR managers, and other compliance professionals.  Our blog is a companion to Constangy’s Affirmative Action newsletters, which address significant legislative, regulatory, and administrative proposals and changes.  Subscribe to both to stay current on these important topics!


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