| Agency Name: | Office of Federal Contract Compliance Programs |
| Preceding1: | President's Committee on Equal Employment Opportunity |
| Jurisdiction: | Federal government of the United States |
| Headquarters: | Washington, D.C., U.S. |
| Employees: | 450 |
| Chief1 Name: | Vacant |
| Chief1 Position: | Director |
| Chief2 Name: | Michele Hodge |
| Chief2 Position: | Deputy Director (Career), Acting Director |
The Office of Federal Contract Compliance Programs (OFCCP) is part of the U.S. Department of Labor. OFCCP is responsible for ensuring that employers doing business with the Federal government comply with the laws and regulations requiring nondiscrimination. This mission is based on the underlying principle that employment opportunities generated by Federal dollars should be available to all Americans on an equitable and fair basis.
OFCCP administers and enforces three equal employment opportunity laws: Executive Order 11246, as amended; Section 503 of the Rehabilitation Act of 1973, as amended; and the Vietnam Era Veterans' Readjustment Assistance Act of 1974, as amended, 38 U.S.C. § 4212 (VEVRAA). Collectively, these laws make it illegal for contractors and subcontractors doing business with the federal government to discriminate in employment because of race, color, religion, sex, sexual orientation, gender identity, national origin, disability, or status as a protected veteran. In addition, contractors and subcontractors are prohibited from discriminating against applicants or employees because they inquire about, discuss, or disclose their compensation or that of others, subject to certain limitations. Its regulations can be found at CFR Title 41 Chapter 60: Public Contracts and Property Management.
OFCCP, as it is today, was created in 1978 with Executive Order 12086 by President Jimmy Carter through a consolidation of all the Affirmative Action enforcement responsibilities at each federal agency with Executive Order 11246 to the United States Secretary of Labor.
The origins of the agency trace back to President Franklin D. Roosevelt and World War II when he signed Executive Order 8802, preventing discrimination based on race by government contractors.
In 1953 President Dwight D. Eisenhower created the President's Committee on Government Contracts with Executive Order 10479. The order was a follow-up to Executive Order 10308 signed by President Harry S. Truman in 1951 establishing the anti-discrimination Committee on Government Contract Compliance.
In 1961 President Kennedy issued Executive Order 10925 which created the President's Committee on Equal Employment Opportunity. This called for people to take affirmative action to ensure that applicants are hired and employees are treated during employment without regard to race, creed, color or national origin.
On September 24, 1965, President Lyndon B. Johnson signed EO 11246 transferring responsibility for supervising and coordinating the Federal Contract Compliance from the President's Committee to the Secretary of Labor who established the Office of Federal Contract Compliance (OFCC).
Executive Order 11375 by President Lyndon Johnson in 1967 added sex discrimination to OFCCP's mandate. In 1975 the name was changed from OFCC to OFCCP by President Gerald Ford. This reflected the addition of the responsibility to enforce laws prohibiting discrimination against the disabled and veterans.
The ACM procedure signaled to some that OFCCP would no longer be enforcing the heart of its mandate, affirmative action. Critics alleged the implementation of the ACM system also caused the agency to start 'creaming' its cases and only pursuing those cases that would produce a compensation or other discrimination case – an alleged violation of the NationsBank court case.[3]
In 2005, the agency has recently helped develop new applicant and record keeping regulations covering internet applicants.[4] [5]
Contrary to federal law, critics alleged that the agency gave out its annual reviews based on a bell curve, wherein actual performance did not matter.[9] Many SES employees were reassigned to work at OFCCP.
Past directors[12]
See main article: List of OFCCP DAS.
In 2020, the OFCCP lost a $400 million lawsuit against Oracle.[13] [14]
The OFCCP operates from six regional offices, covering the following states:
The national office has four divisions: Management & Administrative, Policy and Program Development, Program Operations, and the Office of Enforcement.[16]