Frequently Asked Questions
When are federal contractors and subcontractors required to develop a written affirmative action program? Is the EEO poster a requirement for federal contractors?

OVERVIEW

The Executive Order 11246 (E.O 11246) prohibits federal contractors and subcontractors and federally-assisted construction contractors and subcontractors that generally have contracts that exceed $10,000 from discriminating in employment decisions on the basis of race, color, religion, sex, or national origin. It also requires covered contractors to take affirmative action to ensure that equal opportunity is provided in all aspects of their employment.

The E.O. 11246 is administered by the Employment Standards Administration's Office of Federal Contract Compliance Programs (OFCCP) within the U.S. Department of Labor.

COMPLIANCE ASSISTANCE MATERIALS

BASIC INFORMATION

• Employment Law Guide - Employment Discrimination and Equal Opportunity in Supply and Service Contracts - Describes the statutes and regulations administered by the Department of Labor (DOL) that regulate employment discrimination and equal opportunity in supply and service contracts.

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• Employment Law Guide - Employment Discrimination in Construction Contracts - Describes the statutes and regulations administered by DOL that regulate employment discrimination in construction contracts.

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• Federal Contract Compliance Manual - A reference tool for federal contractors and their equal employment opportunity (EEO) and human resources managers that describes DOL's Office of Federal Contract Compliance Programs' (OFCCP) standard operating procedures for OFCCP compliance officers.

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• Discrimination Form - For filing a discrimination claim against a federal contractor or subcontractor through DOL's OFCCP. To file a discrimination claim against other employers, visit the U.S. Equal Employment Opportunity Commission (EEOC).

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FACT SHEETS

• Facts on Executive Order 11246 - Explains the purpose of Executive Order 11246, which regulates equal employment and affirmative action requirements for federal contractors and subcontractors.

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E-TOOLS

• elaws Federal Contractor Compliance Programs Advisor - Helps federal contractors and subcontractors answer basic questions about coverage and compliance issues related to the equal employment opportunity laws administered by the Office of Federal Contract Compliance Programs (OFCCP).

POSTERS

• " Equal Opportunity is the Law" - Poster for federal contractors and subcontractors. ( Español)

RECORDKEEPING

Federal contractors are required to maintain any personnel or employment records made or kept by the contractor for a period of two years from the date of the making of the personnel record or the personnel action, whichever occurs later. Examples of records that must be maintained include: job descriptions; job postings and advertisements; records of job offers; applications and resumes; interview notes; tests and test results; written employment policies and procedures; and personnel files. Contractors with fewer than 150 employees or who do not have a government contract of at least $150,000 only need to keep records for one year.

APPLICABLE LAWS AND REGULATIONS

• Executive Order 11246 - Prohibits federal contractors and subcontractors and federally assisted construction contractors and subcontractors that generally have contracts that exceed $10,000, or that will (or can reasonably be expected to) aggregate to more than $10,000 in any 12-month period, from discriminating in employment decisions on the basis of race, color, religion, sex, or national origin; and it requires them to take affirmative action to ensure that equal opportunity is provided in all aspects of their employment.

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• 41 CFR Chapter 60 - Regulations issued by the Office of Federal Contract Compliance Programs implementing Executive Order 11246.

DOL CONTACTS*

• Employment Standards Administration (ESA)
  Office of Federal Contract Compliance Programs (OFCCP)
  200 Constitution Avenue, NW
  Room C-3325
  Washington, DC 20210
  E-mail: OFCCP-Public@dol.gov
  Tel: 1-866-4-USA-DOL (1-866-487-2365), or 1-800-397-6251
  TTY: 1-877-889-5627
  Local Offices
• HR Management Solutions:
• Phone: 513-265-6055
• Email: dennis@h-r-m-s.com

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• For questions on other DOL laws,
  please call DOL's Toll-Free Help Line at 1-866-4-USA-DOL. Live assistance is available in English and Spanish, Monday through Friday from 8:00 a.m. to 8:00 p.m. Eastern Time. Additional service is available in more than 140 languages through a translation service.
  Tel: 1-866-4-USA-DOL
  TTY: 1-877-889-5627