3 of the Most Common Types of OFCCP Violations
Whether you’re a business that has just won a contract with the federal government or have been a federal contractor for years, it’s critical to comply with the Office of Federal Contract Compliance Programs (OFCCP). OFCCP requirements protect workers and promote diversity and inclusion.
When your business fails to meet these legal standards, the consequences can be costly or disastrous. Keep your business in good standing by knowing three of the most common types of OFCCP violations.
Not Following Affirmative Action Programs Closely
Federal contractors under the OFCCP must create affirmative action plans (AAP) annually and adhere to them. Your AAP must meet strict standards, and once it’s approved, you must train your employees on compliance. During training, it’s a good idea to clear up common misconceptions about AAPs. Namely, make sure everyone understands that AAPs are about creating equity in the workforce rather than preferential treatment.
Your business must make good faith efforts to accomplish your AAP. For example, if your business doesn’t direct work recruitment to all demographic groups, this is a violation. Federal contractors may not discriminate in employment decisions based on race, color, religion, sex, sexual orientation, gender identity, disability, national origin, or status as a protected veteran.
Incomplete Recordkeeping
The second most common type of OFCCP violation is incomplete or poor recordkeeping. It’s critical for contractors to keep detailed records for OFCCP audits. The types of records you must keep and the length of time you must keep them depend on how the OFCCP categorizes your business. One of the best benefits of outsourcing OFCCP compliance is getting necessary data and paperwork organized.
Depending on your business, you need to keep records of applicants, hires, interviews, promotions, compensation, and termination. You might also need to keep records of analyzing collected data, such as the number of applicants with disabilities you’ve hired. Good recordkeeping can justify your practices.
Harassment
Harassment is discrimination that can take many forms. It includes offensive statements about a person, derogatory actions directed at one person or a group of people, and unwelcome physical acts. Harassment based on a protected characteristic, such as gender identity or religion, can create a hostile work environment.
Harassment can come from anyone. An individual can be harassed by their coworkers, supervisors, people they don’t work with directly, or a client or customer. Harassment is illegal when it creates a hostile work environment or leads to negative decisions affecting someone’s employment. Monitor personnel activities to ensure there’s no discriminatory effect.