The frequency of compliance reviews by the Office of Federal Contract Compliance (OFCCP) is increasing for the nation's construction contractors performing federal or federally assisted work. The OFCCP typically first requests a desk audit, requiring the contractor to send its affirmative action materials to the OFCCP for review. Not every government contractor is required to have a written affirmative action plan. At a minimum, however, contractors must have written policies in place such as an equal employment opportunity (EEO) policy and a comprehensive policy prohibiting harassment, discrimination and retaliation. Company documents, such as an employee handbook, job applications and help-wanted advertisements also should contain appropriate EEO language. A contractor's best chance to "pass" a compliance review is to demonstrate to the investigator from the beginning that it has made good-faith efforts to comply with its affirmative action obligations.
This article is published in the October 2005 issue of the Construction Executive.