Office of Federal Contract Compliance Programs. Protecting Your Workplace Rights
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1 Office of Federal Contract Compliance Programs Protecting Your Workplace Rights
2 Introduction to OFCCP Federal civil rights enforcement agency within the U.S. Department of Labor Mission: Enforce for the benefit of job seekers and wage earners, the contractual promise of affirmative action and equal employment opportunity required of those who do business with the federal government. Jurisdiction over federal contractors and subcontractors 2
3 Who is a Federal Contractor? Employers doing business with the federal government, or that subcontract with a company doing business with the federal government, are considered federal contractors. 3
4 Laws OFCCP Enforces Executive Order Section 503 of the Rehabilitation Act of 1973 The Vietnam Era Veterans Readjustment Assistance Act of
5 What are your rights? Your Rights and Protections You cannot be denied employment, harassed, demoted, terminated, paid less, or treated less favorably because of your race, color, religion, sex, sexual orientation, gender identity, national origin, disability, or status as a protected veteran; or for attempting to learn if you are a victim of compensation discrimination and, in certain instances, sharing pay information with your coworkers. You have the right to work in an environment free of discrimination. 5
6 Executive Order 11246: The Law Prohibits federal contractors, subcontractors, and federally assisted construction contractors and subcontractors from discriminating in hiring and employment decisions based on race, color, sex, sexual orientation, gender identity, religion, and national origin. Applies to government contracts and subcontracts of more than $10,000. 6
7 The Law Section 503 of the Rehabilitation Act: Prohibits discrimination against job applicants and employees based on disability. Applies to government contracts and subcontracts of more than $15,000. 7
8 The Law Vietnam Era Veterans Readjustment Assistance Act: Prohibits discrimination in all personnel practices for: Recently separated veterans, Disabled veterans, Armed forces service medal veterans, Other protected veterans. Applies to government contracts and subcontracts of $150,000 or more 8
9 What Does OFCCP Do? Conducts compliance evaluations of federal contractors Conducts complaint investigations from individuals or groups alleging discrimination or failure to take affirmative action Provides technical assistance for contractors, subcontractors, and community based organizations Engages in outreach and public education 9
10 Disparate impact discrimination: Disparate Impact Occurs when an employer has policies or practices that are facially neutral but have a discriminatory impact on protected groups. Examples: Lifting Requirements Education requirements 10
11 Recognizing Discrimination Examples of illegal employment discrimination may include: Assigning all Hispanic employees to a particular work area. Paying women less than men for the same work. Bullying employees who speak with an accent. Denying paid sick leave to female employees recovering from childbirth but allowing paid sick leave for employees recovering from knee surgery. 11
12 Recognizing Discrimination Examples of illegal employment discrimination may include (cont d): Calling a Muslim woman ethnic slurs because she wears a hijab in the workplace. Requiring tests that are unrelated to job requirements that screen out applicants of particular groups. Promoting employees based on their sex or race. 12
13 Employment Tests Are employment tests legal? Employment tests can be used to make employment decisions if the tests are administered fairly and do not discriminate. They are unlawful if they disproportionately exclude members of particular groups, and the employer cannot show that the tests are job related and consistent with business necessity. 13
14 Filing a Complaint OFCCP investigates complaints: Filed on behalf of a group or where there appears to be a pattern of discrimination; Alleging discrimination based on the complainant s status as a protected veteran; and Alleging discrimination based on disability. 14
15 Filing a Complaint A complaint of employment discrimination may be filed by: Completing and submitting the form online through the OFCCP website; or Completing a form in person at the OFCCP office nearest to where you live; or Mailing a completed form to the OFCCP regional office nearest to where you live. 15
16 Filing a Complaint The complaint form (Form CC 4 ) is available online at: or hardcopy at all OFCCP offices. To find the office nearest to where you live, visit the online listing at: 16
17 Remedies A victim of discrimination may be entitled to a remedy that will place them in the position he or she would have been in if the discrimination had never happened. May include: Hiring or reinstatement, Back pay with interest, Retirement contributions, Leave and other benefits. 17
18 Retaliation Employers cannot retaliate against you for filing a complaint or participating in an investigation. You are protected from harassment, intimidation, threats, coercion, or discrimination for asserting your rights. Retaliation may include such actions as: termination, undeserved negative evaluations, or less desirable work shifts or assignments. 18
19 Contact OFCCP If you think you ve been discriminated against in employment, or in applying for employment, please contact us at: Local Office: Phone #: Help Desk: (800) TTY: (877) OFCCP Self Service Options: ofccp OFCCP Web site:
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