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
Despite Attorney General Jeff Sessions’ recent pronouncement that Title VII does not afford legal protections on the basis of gender identity, federal contractors are prohibited by amendments to Executive Order 11246 from discriminating against applicants or employees on the basis of gender identity and sexual orientation. Thus, the OFCCP’s complaint form is not affected by the Attorney General’s decision.
The form also incorporates the protections afforded by Executive Order 13665, “Non-Retaliation for Disclosure of Compensation Information,” for those individuals who believe they have suffered an adverse action for discussing, asking about, or disclosing compensation information.
For those employees who know that the OFCCP exists, they can now register a complaint with the Agency more quickly and more easily.
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!