The Office of Federal Contract Compliance Programs (OFCCP) reporting requirements refer to the obligations placed on federal contractors and subcontractors to submit various reports and data related to their affirmative action efforts in compliance with the laws the OFCCP enforces. Here are some key OFCCP reporting requirements:
- Affirmative Action Plans (AAPs): Federal contractors and subcontractors with contracts exceeding certain dollar thresholds must develop and maintain AAPs. These plans outline policies and procedures that the contractor will follow to ensure equal employment opportunities for protected groups such as minorities, women, individuals with disabilities, and veterans. AAPs typically include workforce analysis, job group analysis, placement goals, and action-oriented programs. According to OFCCP, contractors must annually certify, via an online portal, that they have developed and maintained all of their required AAPs. OFCCP does not require uploading of the content of AAPs during the certification process. However, contractors must submit AAPs and related data to the OFCCP upon request during compliance evaluations.
- EEO-1 Report: This annual report is administered by the Joint Reporting Committee (composed of the Equal Employment Opportunity Commission and OFCCP) and must be filed annually by private employers, federal contractors, and subcontractors with 100 or more employees (and certain smaller employers) and federal contractors and subcontractors with 50 or more employees holding federal contracts or subcontracts of $50,000 or more. This report details specific information, such as the sex, race, and ethnic composition of an employer’s workforce by job category.
- VETS-4212 Report: Federal law requires federal contractors and subcontractors with contracts or subcontracts of $150,000 or more to annually file the VETS-4212 Report. This Report collects data on the number of veterans a contractor employs in specified job categories.
- Request for Voluntary Self-Identification of Race, Ethnicity, Sex, Disability, & Protected Veteran Status: Federal contractors and subcontractors are required to invite job seekers and employees to voluntarily self-identify their race, sex, ethnicity, any disability, and/or protected veteran status. All information obtained in response to invitations to self-identify as an individual with a disability or protected veteran must be kept in a confidential data analysis file. Contractors must maintain records of this information, which is used to gauge the effectiveness of affirmative action efforts and ensure compliance with laws OFCCP enforces.
- Posting Requirements: Federal contractors and subcontractors must post certain notices informing employees and applicants about their EEO rights. These notices include information about the contractor’s commitment to nondiscrimination and affirmative action.
- Records Retention: Contractors must maintain records related to their AAPs, EEO-1 reports, VETS-4212 reports, and other compliance efforts. These records must be kept for specific periods as required by OFCCP regulations.
Non-compliance with these reporting requirements can result in penalties, sanctions, or loss of federal contracts. Therefore, federal contractors and subcontractors must ensure they understand and fulfill their obligations under OFCCP regulations to maintain compliance with federal EEO and affirmative action laws and regulations.