The OFCCP is a federal agency that enforces equal employment opportunity and affirmative action laws.  Entities that fall under the jurisdiction of the OFCCP have numerous affirmative action obligations if they have contracts or subcontracts with executive branch agencies.  A Labor Department Administrative Law Judge (“ALJ”) recently issued a decision that could expand the reach of the OFCCP to include hospitals and other health care entities which provide medical services for beneficiaries of TRICARE.  See OFCCP  v. Florida Hospital of Orlando, DOL OALJ No. 2009-OFC-00002 (October 18, 2010).  Florida Hospital has appealed the ALJ’s ruling.  If the ruling stands, numerous health care providers will be subject to the OFCCP’s jurisdiction.

The ruling is especially notable considering that there has been an increase in funding of the OFCCP and an increase in hiring of OFCCP compliance officers.  With this in mind, hospitals and health care providers should review their contractual obligations to determine whether they are federal contractors or subcontractors.  Entities that are federal contractors and subcontractors must comply with numerous obligations including filing EEO-1 and Vets 100/100A reports, ensuring nondiscrimination in employment, posting certain notices, establishing affirmative action programs and conducting adverse impact analyses for hires, promotions and terminations.Continue Reading OFCCP Seeks to Expand Its Jurisdiction Over Hospitals and Health Care Providers

The Office of Federal Contract Compliance Programs (OFCCP),  recently signaled that it may conduct more evaluations of multi-facility employers.  Its recently revised standard Corporate Scheduling Announcement Letter (CSAL) describes new and different practices that will accompany compliance audits of federal contractors.
Continue Reading OFCCP Eliminates 25-Facility Cap on Audits; Revised Corporate Scheduling Announcement Letter Finalized

In August 2009, the Obama administration named Patricia A. Shiu the new Director of the Office of Federal Contract Compliance Programs (OFCCP).  The OFCCP, part of the Department of Labor (DOL), enforces the non-discrimination and affirmative action obligations of federal contractors under Executive Order 11246, the Vietnam Era Veterans’ Readjustment Assistance Act, and the Rehabilitation Act.
Continue Reading New OFCCP Director Named