What is the difference between OFCCP and EEOC?
OFCCP’s mission is to work with federal contractors to proactively promote equal employment opportunities while the EEOC’s mission is more reactive, investigating individual claims of discrimination.
What are the OFCCP requirements?
OFCCP holds those who do business with the federal government (contractors and subcontractors) responsible for complying with the legal requirement to take affirmative action and not discriminate on the basis of race, color, sex, sexual orientation, gender identity, religion, national origin, disability, or status as a …
What is an OFCCP compliance check?
A compliance check is a type of compliance evaluation in which OFCCP seeks to determine whether the contractor has maintained certain records: prior year AAP results, job advertisements (including state employment service listings), and examples of accommodations for individuals with disabilities.
Who is subject to OFCCP compliance?
All contractors and subcontractors who hold a federal contract in excess of $10,000 are subject to regulatory requirements under one or more of the laws enforced by OFCCP depending upon the amount of the contract.
What is an OFCCP audit?
The OFCCP monitors whether federal contractors are complying with their contractual affirmative action obligations. As an enforcement agency, it can check compliance through a compliance review process, otherwise known as an OFCCP audit.
What is OFCCP compliance recruiting?
The OFCCP (Office of Federal Contract Compliance Programs) holds federal contractors and subcontractors responsible for complying with the legal requirement to not discriminate on the basis of race, color, sex, sexual orientation, gender identity, religion, national origin, disability, or status as a protected veteran.
Who is covered by OFCCP laws?
OFCCP protections cover anyone working for a federal contractor or subcontractor. *Note that you should consult the Equal Employment Opportunity Commission (EEOC) or Department of Justice if you are seeking resources for discrimination in other areas of life, including private employment.
What does an OFCCP audit include?
An OFCCP audit checklist includes all aspects of the employment process, including, sourcing, hiring, compensation, promotions, transfers, and termination. If your company is facing an OFCCP audit for the first time, it can be helpful to know what to expect.
What happens if you fail an OFCCP audit?
Furthermore, if a company fails to keep appropriate records, OFCCP can “draw an inference of adverse impact of the selection process” (41 CFR 60-3.4). This means that a company without the documentation to defend its hiring decisions or pay practices will likely be found guilty of discrimination.
Who gets audited by OFCCP?
The Trump OFCCP audit practice was to audit only those AAP Establishments which employed 100 or more employees unless the establishment in question had signed a prime covered federal Government contract.
How do I collect EEO data from applicants?
Collect voluntary applicant EEOC data
To do this, just go to ‘Recruiting preferences’, scroll down to the EEOC section and turn the ‘EEO survey’ on. If you’re an employer with a Federal Government contract you should then also enable the ‘OFCCP survey’.
Who is an applicant OFCCP?
The OFCCP defines a viable Internet Applicant as follows: Any individual who submits interest in a job via the Internet or any related electronic data technology; The individual is considered for a particular position by the contractor; The individual has the basic qualifications for the position; and.
What triggers an OFCCP audit?
What triggers an OFCCP audit? The short answer: it varies. Occasionally, the OFCCP will target a particular industry, such as the construction or health care or staffing services industry. The agency has also focused on awardees of very large federal contracts and subcontracts.
When the OFCCP performs an audit in which areas do they primarily focus?
These focus areas include: Detailed data for the applicant, hire, promotion, and termination activity. Detailed compensation data and investigation into identified pay disparities. Description of the process that the company uses to ascertain race and gender of applicants.
Is EEO information mandatory?
Employers who have at least 100 employees and federal contractors who have at least 50 employees are required to complete and submit an EEO-1 Report (a government form that requests information about employees’ job categories, ethnicity, race, and gender) to EEOC and the U.S. Department of Labor every year.
What are the EEO questions?
Frequently Asked Questions
- Do the federal employment discrimination laws apply to my business?
- What are my responsibilities under federal employment discrimination laws?
- Who is protected from employment discrimination?
- What can’t I ask when hiring?
- How can I prevent harassment?
How do you prepare for an OFCCP audit?
Preparing For An Audit
- A copy of your Affirmative Action Plan;
- A complete listing of all of your applicants who have applied for positions, including the applicants’ race, gender and national origin;
- Promotion and termination data;
- Recruiting activities; and.
- Compensation data.
Who is exempt from EEO reporting?
State and local governments, public primary and secondary school systems, institutions of higher education, American Indian or Alaska Native tribes, and tax-exempt private membership clubs other than labor organizations are exempt from the EEO-1 component report.
Do you have to answer EEO questions?
Do you have to answer EEO questions? No, job seekers are not required to answer EEO questions regarding job applications and may refuse to respond if they do not want to take the survey. The process is entirely voluntary and will have absolutely no reflection on your employment, should you refuse.
What are the 4 EEO principles?
Every business should consider EEO training for their employees.
There are four kinds of unfair and unlawful behavior that are important for equal employment opportunity:
- Discrimination including both direct and indirect discrimination.
- Sexual harassment.
- Unlawful adverse action.
What employer Cannot ask?
Disability. Gender, sex or sexual orientation. Marital status, family, or pregnancy. Race, color, or ethnicity.
Is EEO reporting mandatory?
What happens if you don’t file EEOC?
Although there is no direct penalty for not filing, section 709(c) of Title VII allows the EEOC to compel an employer to file the EEO-1 report by obtaining a court order from the United States District Court, which could lead to the employer being held in contempt.
What questions can employers not ask?
The Equal Employment Opportunity Act (EEOA) prohibits you from asking questions that might lead to discrimination or the appearance of discrimination.
Illegal Job Interview Questions to Avoid
- Sexual orientation or gender identity.
- Country of origin.
What are three 3 examples of discrimination?
Types of Discrimination
- Age Discrimination.
- Disability Discrimination.
- Sexual Orientation.
- Status as a Parent.
- Religious Discrimination.
- National Origin.
- Sexual Harassment.