OFCCP Proposing to Update the Intake Process for Complaints

The Office of Federal Contract Compliance Programs (OFCCP) published a notice in the Federal Registe...

Posted by Ana Casillas on January 19 2023
Ana Casillas

The Office of Federal Contract Compliance Programs (OFCCP) published a notice in the Federal Register on Wednesday, January 18, 2023, announcing proposed changes to the agency’s standard intake process for filing a formal complaint of discrimination.

Like the Equal Employment Opportunity Commission (EEOC), OFCCP may investigate complaints of employment discrimination. For OFCCP to pursue a complaint, the employer at the center of the complaint must be a federal contractor and the charging party must be alleging employment discrimination or a violation of protections under Executive Order 11246, as amended (“E.O. 11246”), Section 503 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. 793 (“Section 503”), and/or the Vietnam Era Veterans’ Readjustment Assistance Act of 1974, as amended, 38 U.S.C. 4212.

Currently, OFCCP has one form that applicants and employees of contractors, their authorized representatives, or third parties can use to file a complaint with OFCCP, Form CC-4. According to the Supporting Statement filed with Federal Register notice, in fiscal year 2022, OFCCP received 2,075 complaints, and assigned only 4.9% of these for investigation. OFCCP could not investigate the majority of the complaints for reasons such as when the employer was not a covered contractor or when the complaint did not allege a violation of OFCCP’s authorities.

To address these challenges and improve the efficiency of its complaint intake process, OFCCP is proposing to adopt a new two-step intake process where OFCCP can assess the allegations at a pre-complaint inquiry stage.

Modification to OFCCP’s Complaint Process

OFCCP is proposing to modify its complaint intake process to adopt a two-step intake process. As a first step, applicants and employees of contractors, their authorized representatives, or third parties would submit to OFCCP a pre-complaint inquiry form (Form CC-390) providing basic information on their allegation(s) and contact information. Based on the information provided in the pre-complaint inquiry form, OFCCP will assess

  • whether the allegations are timely;

  • whether the allegation falls under OFCCP’s jurisdiction; and

  • whether the inquiry should be investigated

If OFCCP determines it would likely investigate the matter, OFCCP will provide the submitter with information on filing Form CC-4 “Complaint of Employment Discrimination Involving a Federal Contractor or Subcontractor.”

In addition to the pre-complaint inquiry Form CC-390, OFCCP seeks approval for several changes to the existing complaint Form CC-4, including formatting changes and other revisions to portions of the form to improve useability. The two-step intake process will benefit workers because it allows individuals to contact OFCCP about their concerns prior to filing a complaint. In addition, once OFCCP receives a completed Form CC-4, they will notify the employer (contractor) of the complaint and investigation. OFCCP will not be required to provide notice to employers if the individual decides not to file a complaint.

More information on the proposal to update the intake process for complaints can be found at https://www.federalregister.gov/documents/2023/01/18/2023-00811/proposed-renewal-of-the-approval-of-information-collection-requirements-comment-request

OFCCP is accepting written comments on its proposal through March 20, 2023, by any of the following methods:

  • Electronic comments: The federal eRulemaking portal at regulations.gov.

  • Mail: Addressed to Tina T. Williams, Director, Division of Policy and Program Development, Office of Federal Compliance Programs, 200 Constitution Avenue NW, Room C-3325, Washington, DC 20210.

Ana Casillas
Ana Casillas
Ana Casillas, MBA, Sr. CAAP, is a compliance expert with more than 10 years of experience in providing AAP services and insights into the OFCCP regulatory environment.

Contact Us

Get in Touch With a Berkshire Expert