Technical Assistance Guide for Federal Construction Contractors

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    Office of Federal Contract Compliance Programs Technical Assistance Guide for Federal Construction Contractors May 2009  U.S. Department of Labor Office of Federal Contract Compliance Programs ____________________________________________________________________________________  Technical Assistance Guide for Federal Construction Contractors Page i Technical Assistance Guidefor Federal Construction Contractors   This Technical Assistance Guide is designed to help Government contractors and subcontractorscomply with the Federal laws and regulations that prohibit Government contractors fromdiscriminating in employment and require that they undertake affirmative action to ensure equalemployment opportunity in their workforces. It is intended only for Government contractorswho have construction contracts or subcontracts, including contractors who have federallyassisted construction contracts.   It is not intended for Government contractors and subcontractorswho hold only non-construction (supply and service) contracts.   The contents of this guide have been designed to help construction contractors and subcontractors: ¾   Understand their contractual obligation to comply with the laws administered by OFCCP; ¾   Understand the role of the OFCCP in enforcing Federal equal employment opportunity and affirmative action laws that apply to Federal contractors and subcontractors; ¾   Develop written Section 503 and VEVRAA affirmative action programs whereappropriate; ¾   Implement the affirmative action steps that are described in the Standard Federal EqualEmployment Specifications published at 41 CFR 60-4.3; and  ¾   Prepare for an OFCCP compliance evaluation. This Technical Assistance Guide does not create new legal requirements or change currentlegal requirements. Instead, it reflects the views of OFCCP and is intended to serve as abasic resource document on OFCCP-administered laws. The legal requirements related toequal employment opportunity that apply to Federal supply and service contractors arecontained in the statutes, executive orders, and regulations cited in the Guide. Every efforthas been made to insure that the information contained in the Guide is accurate and up todate .  U.S. Department of Labor Office of Federal Contract Compliance Programs ____________________________________________________________________________________  Technical Assistance Guide for Federal Construction Contractors Page ii Table of Contents Overview of OFCCP Mission and Program.................................................................1Overview of Laws Administered by OFCCP................................................................2Commonly Asked Questions........................................................................................4Overview of Construction Contractor Responsibilities.............................................7 Additional Requirements............................................................................................27Preparing for a Compliance Evaluation....................................................................42Recognizing Good Faith Effort...................................................................................47 Appendices Appendix A: Glossary of Terms Appendix B: Adverse Impact Determinations Appendix C: The Small Business Administration’s Ombudsman Program Appendix D: OFCCP National and Regional Offices Appendix E: Participation Goals for Minorities and Females  U.S. Department of Labor Office of Federal Contract Compliance Programs ____________________________________________________________________________________  Technical Assistance Guide for Federal Construction Contractors Page 1 Overview of OFCCP Mission and Program  The Office of Federal Contract Compliance Programs (OFCCP) administers and enforces threeequal employment opportunity laws that apply to Federal government contractors and subcontractors, including construction contractors: Executive Order 11246, as amended, Section503 of the Rehabilitation Act of 1973, as amended, and the Vietnam Era Veterans' ReadjustmentAssistance Act of 1974, as amended (VEVRAA). The OFCCP monitors compliance with theselaws primarily through compliance evaluations, during which a compliance officer examines thecontractor's affirmative action efforts and employment practices. The OFCCP also investigatescomplaints filed by individuals alleging employment discrimination under any of these laws.The OFCCP encourages voluntary compliance and provides technical assistance regarding therequirements of the equal employment opportunity laws it enforces. The OFCCP maintains anational office in Washington, DC, six regional offices, and several district offices within eachregion throughout the United States. See Appendix D for the addresses and phone numbers of key OFCCP offices. OFCCP Responsibilities  The OFCCP carries out its enforcement responsibilities by: ¾   Offering technical assistance, including providing training workshops and publications(such as this guide) to federal contractors and subcontractors to help them understand regulatory requirements and the compliance evaluation process; ¾   Conducting compliance evaluations and complaint investigations of federal contractors'and subcontractors’ personnel policies and practices; ¾   Forming linkage agreements between contractors/subcontractors and the Department of Labor's employment and training programs, outside organizations, and recruitment sourcesto help employers identify and recruit qualified employees; ¾    Negotiating agreements, including formal Conciliation Agreements with contractors and subcontractors found in violation of regulatory requirements; ¾   Monitoring contractors’ and subcontractors’ progress in fulfilling the terms of their conciliation agreements through periodic compliance reports; ¾   And when necessary, recommending enforcement actions to the Solicitor of Labor.
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