Page 138 - An Indispensible Resource for Being a Credible Activist

Section 503 of the Rehabilitation Act of 1973, as amended, prohibits discrimination
and requires affirmative action in all personnel practices for qualified individuals with
disabilities. It applies to all firms that have a nonexempt Government contract or
subcontract in excess of $10,000. An affirmative action program is required.
The Vietnam Era Veterans’ Readjustment Assistance Act of 1974 (VEVRAA) prohibits
discrimination and requires affirmative action in all personnel practices for all veterans who
served on active duty in the U.S. military, ground, naval, or air service who are special
disabled veterans, Vietnam Era veterans, recently separated veterans, or veterans who
served on active duty during a war or in a campaign or expedition for which a campaign
badge has been authorized. It applies to all firms that have a nonexempt Government
contract or subcontract of $25,000 or more. An affirmative action program is required.
In carrying out its responsibilities, the OFCCP uses the following enforcement
procedures:
● Offers technical assistance to federal contractors and subcontractors to help them
understand the regulatory requirements and review process.
● Conducts compliance evaluations and complaint investigations of federal contrac-
tors and subcontractors personnel policies and procedures.
● Obtains Conciliation Agreements from contractors and subcontractors who are in
violation of regulatory requirements.
● Monitors contractors and subcontractors progress in fulfilling the terms of their
agreements through periodic compliance reports.
● Forms linkage agreements between contractors and Labor Department job training
programs to help employers identify and recruit qualified workers.
● Recommends enforcement actions to the Solicitor of Labor.
● The ultimate sanction for violations is debarment—the loss of a company’s federal
contracts. Other forms of relief to victims of discrimination may also be available,
including back pay for lost wages.

The OFCCP has close working relationships with other Departmental agencies,
such as: the Department of Justice, the Equal Employment Opportunity Commission
and the DOL, the Office of the Solicitor, which advises on ethical, legal, and enforcement
issues; the Women’s Bureau, which emphasizes the needs of working women; the
Bureau of Apprenticeship and Training, which establishes policies to promote equal
opportunities in the recruitment and selection of apprentices; and the Employment and
Training Administration, which administers Labor Department job training programs for
current workforce needs.
OFCCP has a national network of six Regional Offices, each with District and Area
Offices in Major Metropolitan Centers, and focuses its resources on finding and
resolving systemic discrimination. The agency has adopted this strategy to: (1) prioritize
enforcement resources by focusing on the worst offenders; (2) encourage employers to
engage in self audits of their employment practices; and (3) achieve maximum leverage
of resources to protect the greatest number of workers from discrimination. 6

CHAPTER 9 • Roundup of Additional Legal Issues, Procedures, and Obligations 121