Legal Definitions - Office of Federal Contract Compliance Programs

The Office of Federal Contract Compliance Programs (OFCCP) is an agency within the U.S. Department of Labor. Its primary role is to ensure that companies doing business with the federal government, known as federal contractors and subcontractors, comply with laws that prohibit discrimination and require affirmative action.

Specifically, the OFCCP enforces regulations that prevent these contractors from discriminating against employees or job applicants based on their race, color, religion, sex (including gender identity and sexual orientation), national origin, disability, or protected veteran status. It also ensures these contractors take positive steps to recruit and advance qualified individuals from various backgrounds.

Here are some examples of situations where the OFCCP's work would apply:

• Example 1: A Large Software Company with a Government Contract

  A major software development firm secures a multi-million dollar contract to build a new data management system for a federal agency. As a federal contractor, this company becomes subject to OFCCP regulations. If the OFCCP receives a complaint or conducts a routine audit and finds that the company's hiring practices disproportionately exclude qualified female applicants for senior engineering roles, the OFCCP would investigate. They could require the company to revise its recruitment strategies, implement diversity training, and potentially pay back wages to individuals who were unlawfully discriminated against.

  This example illustrates the OFCCP's role in ensuring non-discrimination in hiring and promotion for companies that have contracts with the federal government.

• Example 2: A Construction Firm Building a Federal Highway

  A construction company is awarded a contract to build a section of a new interstate highway, a federally funded project. The OFCCP mandates that this company not only avoids discrimination but also takes affirmative action to ensure equal employment opportunities. If the OFCCP reviews the company's workforce data and finds a significant underrepresentation of minority groups in skilled trades, despite a diverse local labor pool, they might require the company to develop an affirmative action plan. This plan could include outreach efforts to community organizations, partnerships with trade schools, and goals for increasing the representation of underrepresented groups in their workforce.

  This example demonstrates the OFCCP's oversight of affirmative action requirements for federal contractors, ensuring proactive steps are taken to promote equal opportunity.

• Example 3: A University Receiving Federal Research Grants

  A large research university receives substantial federal grants to conduct scientific studies. Because it receives federal funds, the university is considered a federal contractor. If a professor with a disability alleges that the university failed to provide reasonable accommodations, such as specialized software or ergonomic equipment, preventing them from performing their job duties effectively, the OFCCP could investigate. If the university is found to be in violation of disability discrimination laws, the OFCCP could order them to provide the necessary accommodations and review their policies to ensure future compliance.

  This example highlights the OFCCP's enforcement of protections against discrimination based on disability for institutions that are federal contractors.