Employers are required to abide by existing affirmative action programs, which are enforced by the United States Department of Labor, Office of Federal Contract Compliance Programs (OFCCP). Affirmative action obligations are imposed upon businesses providing goods or services to the federal government or functioning as subcontractors for those providing goods or services directly to the federal government. These obligations are set forth in:
These laws not only prohibit discrimination by covered employers, but require them to make good-faith efforts to hire and advance minorities, women, individuals with disabilities, veterans with disabilities, and Vietnam Era veterans, as well as other classes of veterans. The OFCCP considers the failure to make good faith efforts to comply with the law to be a violation warranting the imposition of penalties. Penalties for noncompliance can include cancellation of contracts and prohibition from further government business. The OFCCP can also pursue covered employers for back pay and reinstatement for individuals whom it deems to be victims of discrimination.
As a general rule, federal contractors and...
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