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DOL Inspector General Releases Report Finding OFCCP Did Not Adequately Enforce EEO Requirements on Federal Construction Contracts

The U.S. Department of Labor Office of the Inspector General (IG) has issued a new report entitled Office of Federal Contract Compliance Programs (OFCCP) Did Not Show It Adequately Enforced EEO Requirements on Federal Construction Contracts.  In the report, the OIG found that OFCCP did not adequately enforce Equal Employment Opportunity (EEO) requirements on federal construction contracts. In particular, the OIG took issue with the fact that OFCCP did not use a risk-based approach to select construction contractors for EEO compliance evaluations. Instead, OFCCP chose contractors without using a risk assessment. OFCCP said its outdated computer system prevented it from selecting contractors using a risk-based approach.

The OIG also found that OFCCP failed to meet its obligation under federal regulations to update affirmative action goals using relevant workforce data.  Specifically, OIG found that contractor compliance was based on 50 year-old U.S. Census Bureau data. These goals did not reflect the 31.5 and 3.5 percentage point increase of minorities and women in the construction workforce from 1970 to 2018. OFCCP stated it chose not to update these goals to avoid a potentially costly, lengthy rulemaking process.

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