The OFCCP recently updated the Construction Contractor Technical Assistance Guide (TAG) to help federal construction contractors better comply with their Affirmative Action obligations and reporting obligations. Below we review some of the key information provided in the TAG.
Executive Order 11246
Under Executive Order 11246, contractors must “take affirmative action” through postings, notices and taglines in job postings. Contractors also have significant record retention obligations and the TAG explains what records to keep, for whom records are required to be kept, the acceptable format of record keeping, and how long records must be maintained. Finally, the TAG confirms that Executive Order 11246 does not require federal construction contractors to develop written AAPs, but instead explains that federal construction contractors must take 16 affirmative action steps which are part of OFCCP’s regulations at 41 CFR 60-4.3(a)7. Keep in mind, however, that federal supply and service contractors do have to develop AAPs under this executive order.
Disability and Veteran Status
Under section 503 and VEVRAA, construction contractors and supply and service contractors share the same obligations with respect to veterans and individuals with disabilities. These regulations obligate all contractors to prepare written, affirmative action plans with specific components. The TAG details both requirements and recommendations for affirmative action plans, including:
- EEO Policy
- Disseminate EEO Policy Internally and Externally
- Review of Personnel Processes
- Review of Mental and Physical Job Qualifications
- Reasonable Accommodations
- Develop and Implement Procedures to Prevent Harassment
- Undertake Outreach and Positive Requirement
- Design and Implement an Audit and Reporting System
- Designation of Responsibility
Finally, the TAG reminds contractors with 50 or more employees and with a covered contract of $50,000 or more to submit their annual EEO-1 Report, the VETS-4212 and provide notice of employee rights under the National Labor Relations Act.
Take Away: Federal Construction Contractors’ OFCCP obligations are significant and we strongly recommend you review the TAG to make sure you are meeting your compliance obligations. As always, we recommend that you hire experienced construction attorneys to assist with your OFCCP obligations.
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