U.S. Department of Labor

Office of Federal Contract 

Compliance Programs

November 2020
2

TABLE OF CONTENTS

TAB 1: AGENCY ORGANIZATIONAL OVERVIEW ........................................................ 1

TAB 2: STATE OF PLAY ...................................................................................................... 6

TAB 3: CALENDAR ............................................................................................................ 17

TAB 4: BUDGET.................................................................................................................. 18

TAB 5: AGENCY PERFORMANCE................................................................................... 22
TAB 1: Agency Organizational Overview

1

TAB 1: AGENCY ORGANIZATIONAL OVERVIEW

Mission

The mission of the Office of Federal Contract Compliance Programs (OFCCP) is to enforce, for 

the benefit of job seekers and wage earners, the contractual promise of affirmative action and 

equal employment opportunity required of those who do business with the federal government. 

For detailed information, please visit OFCCP’s webpage at 

https://www.dol.gov/agencies/ofccp/about. 

Authorizing Legislation

OFCCP enforces:

• Executive Order 11246 (EO 11246), found at 

https://www.dol.gov/agencies/ofccp/executive-order-11246/ca-11246;

• Section 503 of the Rehabilitation Act of 1973 (Section 503), found at 

https://www.dol.gov/agencies/ofccp/section-503; and 

• Vietnam Era Veterans’ Readjustment Assistance Act of 1974 (VEVRAA), found at 

https://www.dol.gov/agencies/ofccp/vevraa.

Organizational Structure

OFCCP is comprised of a national office headquartered in Washington, D.C., with three 

divisions and one office, and six regional offices with 48 area and district offices nationwide. 

The regional offices are located in Atlanta, Georgia (Southeast); Chicago, Illinois (Midwest); 

Dallas, Texas (Southwest and Rocky Mountain); New York City, New York (Northeast); 

Philadelphia, Pennsylvania (Mid-Atlantic); and San Francisco, California (Pacific). OFCCP’s

authorized full-time-equivalent (FTE) staff positions is 472.

Over the past three years, OFCCP filled seven Senior Executive Service (SES) level positions 

with personnel representing a diversity of backgrounds, experiences, skill sets, and strengths: the 

Deputy Director, all three Division Directors, the Director of Enforcement, and two Regional 

Directors (the Midwest and Pacific Regions). All were internal, DOL and OFCCP, hires. They 

are seasoned, career federal professionals who advanced through the management ranks. The 

agency has six career SES-level Regional Directors in the field. OFCCP’s career Senior 

Executives are a cohesive, collaborative group that expertly mentors, teaches, and engages staff.
TAB 1: Agency Organizational Overview

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Organizational Chart 

Director

Craig E. Leen

(Non-Career SES)

Deputy Director for 

Regional Operations

Patricia Davidson (Acting)

(Career SES)

Deputy Director for Policy

Bob Gaglione

(Non-Career SES)

Division of Program 

Operations

Javaid Kaiser

(Career SES)

Division of Policy and Program 

Development

Tina Williams

(Career SES)

Division of Management and 

Administrative Programs

Kelley Smith

(Career SES)

Northeast Region

Diana S. Sen

(Career SES)

Mid-Atlantic Region

Michele Hodge

(Career SES)

Southeast Region

Vacant

(Career SES)

Midwest Region

Carmen Navarro

(Career SES)

Southwest and Rocky 

Mountain Region

Melissa L. Speer

(Career SES)

Pacific Region

Jane Suhr

(Career SES)

Senior Advisor for the 

Deputy Director for National 

Operations

Lissette Gean

(Career GS-15)

Ombudsman

Marcus Stergio

(Career GS-15)

Senior Policy Advisor

Matthew Mimnaugh

(Non-Career GS-14)

Office of the Enforcement 

Director

Bob LaJeunesse

(Career SES)

Deputy Director for 

National Operations

Patricia Davidson

(Career SES)
TAB 1: Agency Organizational Overview

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Workforce At-A-Glance 
TAB 1: Agency Organizational Overview

4

Organizational Changes During the Past Four Years 

In early FY 2021, OFCCP implemented a national office reorganization. The restructuring 

included (1) realigning the Ombudsman to report directly to the OFCCP Director; (2) 

establishing a new SES Deputy Director to oversee regional operations; (3) renaming existing 

career and non-career SES positions to further distinguish roles; (4) creating the Office of the 

Enforcement Director dedicated to carrying out enforcement program initiatives; (5) realigning 

the Branch of Expert Services under the new Office of the Enforcement Director; and (6) 

creating the Branch of Information Services to manage a variety of information administrative 

programs.

Starting in late Fiscal Year (FY) 2018, OFCCP began implementing a strategy of conducting 

more focused reviews of compliance, prioritizing larger systemic cases, and maximizing 

remedies to reach more contractors, and achieve speedier resolutions and corporate wide 

conciliations. OFCCP proactively recognizes high performing contractors, which enables the 

agency to blend its compliance evaluation and compliance assistance activities to work with high 

performing contractors toward a mutual goal of sustained, enterprise-wide (corporate-wide) 

compliance, outside of OFCCP’s neutral establishment-based scheduling process. This approach 

helps OFCCP be more effective in achieving its mission to protect workers, promote diversity, 

and enforce the law, by focusing on contractors less likely to be in compliance. As part of this 

strategic approach, OFCCP clarified agency enforcement priorities, increased accountability by 

monitoring timeliness and quality, and enhanced the transparency and certainty among federal 

contractors regarding the agency’s enforcement practices. In FY 2019, through effective 

enforcement and proactive compliance assistance, OFCCP had its most successful year in 

enforcement. OFCCP obtained a record $40.6 million in monetary settlements for affected class 

members during FY 2019, more than $16 million than the next highest year in FY 2017. In the 

same manner as enforcement, in FY 2019, OFCCP had a record-setting compliance assistance 

year. OFCCP answered over 4,500 Help Desk inquiries, the second highest result in a single 

year, and provided guidance through compliance assistance guides, answers to frequently asked 

questions, and stakeholder events. OFCCP continued this level of productivity in FY 2020 

during the pandemic, with recoveries of $35.6 million, the second highest year in history. 

During the four-year period from FY 2017 to FY 2020, the agency recovered approximately 

$117 million in remedies for protected class members. The agency responded effectively to the 

operational challenges of working remotely and set records for compliance assistance as 

measured by its Help Desk inquiries and responses. In FY 2020, OFCCP responded to 4,765 

total inquiries, comprised of 3,477 calls and 1,288 written questions, which is a record for total 

responses. These results reflect a 44 percent increase over the responses that OFCCP provided to 

written questions in FY 2019.

Key Leaders

OFCCP’s senior leadership team includes three non-career and twelve career senior executives. 

Non-Career Appointees

• Craig E. Leen, Director 

• Robert J. Gaglione, Deputy Director for Policy

• Matthew Mimnaugh, Senior Policy Advisor 
TAB 1: Agency Organizational Overview

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Career Executives

• Patricia J. Davidson, Deputy Director for National Operations

• Patricia J. Davidson, Deputy Director for Regional Operations (Acting)

• D. Lissette Geán, Senior Advisor to the Deputy Director for National Operations

• Marcus Stergio, Ombudsman

• Dr. Robert M. LaJeunesse, Director of Enforcement

• Dr. Javaid Kaiser, Director, Division of Program Operations

• Tina T. Williams, Director, Division of Policy and Program Development

• Kelley J. Smith, Director, Division of Management and Administrative Programs

• Diana S. Sen, Regional Director, Northeast Region

• Michele Hodge, Regional Director, Mid-Atlantic Region

• Vacant, Regional Director, Southeast Region

• Carmen Navarro, Regional Director, Midwest Region

• Melissa L. Speer, Regional Director, Southwest and Rocky Mountain Region

• Jane Suhr, Regional Director, Pacific Region
TAB 3: Calendar

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TAB 2: STATE OF PLAY 

Key Meetings, Decisions, and Announcements

Key Meetings

Please refer to Tab 3 calendar.

Decisions

Despite the COVID-19 pandemic, the Office of Federal Contract Compliance Programs 

(OFCCP) continues to be fully engaged in enforcing affirmative action and non-discrimination 

requirements to the approximately 25,000 federal contractors and 120,000 federal contractor 

establishments, in addition to covered subcontractors. The agency remains committed to 

addressing the challenges reported by the Department of Labor Office of the Inspector General 

and the Government Accountability Office, and among other actions, has begun using new 

methods for scheduling compliance evaluations with a focus on contractors that are at higher risk 

of violating OFCCP requirements. On March 20, 2020, OFCCP notified stakeholders that the 

agency is continuing to pursue its important mission, while making adjustments to ensure all of 

its activities are consistent with current public health guidelines. The agency is not going onsite 

physically to any contractor establishments during the pandemic, but, instead, is holding virtual 

meetings with contractor officials and employees. OFCCP has remained flexible in its 

coordination with contractors during this time, while continuing to hold them responsible for 

compliance to a reasonable extent under the circumstances. While teleworking, OFCCP staff 

have continued to be productive during the pandemic in enforcement, compliance assistance, 

rulemaking, policymaking, and stakeholder engagement. As the pandemic continues, leadership 

will be required to make decisions that impact employee health, safety, and morale. Such 

decisions include continuing remote work and return to on-premises work. More on OFCCP’s 

COVID-19 response is available at https://www.dol.gov/agencies/ofccp/coronavirus. 

OFCCP considers compliance assistance critical to ensuring contractors and subcontractors are 

successful in complying with the equal employment opportunity and nondiscrimination 

requirements under the agency’s jurisdiction. While OFCCP has historically provided 

compliance assistance at the national and regional levels, the Government Accounting Office’s 

(GAO) Strengthening Oversight Could Improve Federal Contract Nondiscrimination Compliance 

report, dated September 2016, recommended that OFCCP review its compliance assistance 

efforts to identify options for enhancing contractors’ understanding of their nondiscrimination 

and affirmative action requirements. To incorporate contractors’ perspectives into OFCCP’s 

compliance assistance efforts and in response to the GAO report, OFCCP has conducted several 

town halls since 2017. Following these town hall sessions, OFCCP developed a Town Hall 

action plan with actionable items derived from the stakeholder input. The agency posts the 

Town Hall Action Plans on the OFCCP website so the public can monitor its progress towards 

the completion of the actionable items. Although OFCCP halted the in person town halls due to 

the COVID-19 pandemic, the agency continues to meet its compliance assistance goals by 

offering virtual town halls and listening sessions. 
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Since 2018, OFCCP entered into Memoranda of Understanding (MOUs) with several external 

stakeholders to further the agency’s communication with the contractor community and their 

representatives. The agency has existing MOUs with the National Industry Liaison Group 

(expires on August 27, 2021), DirectEmployers Association and the National Association of 

State Workforce Agencies (expires on February 13, 2023), The Institute for Workplace Equality 

(expires on August 10, 2023), Council of State Administrators of Vocational Rehabilitation 

(expires on September 11, 2023), and the Council for Tribal Employment Rights (expires 

December 7, 2020). All the MOUs with external stakeholders state that, “[e]ither party can 

unilaterally terminate the MOU by providing 30-day written notice to the other party.” The list 

of MOUs is available on OFCCP’s website at www.dol.gov/agencies/ofccp/mou. 

OFCCP may issue National Interest Exemptions (NIEs) that apply to both supply and service and 

construction contracts. An NIE provides qualifying contractors with a temporary exemption 

from complying with OFCCP’s affirmative action and administrative obligations under 

Executive Order 11246, VEVRAA, and Section 503. Some of the exempted contractor 

obligations may include the preparation and maintenance of affirmative action programs and 

other recordkeeping and reporting requirements. The agency designed its NIE program 

specifically to allow contractors to participate in emergency recovery efforts on an expedited 

basis. Please note that contractors qualifying for NIEs must continue to abide by the 

nondiscrimination and non-retaliation obligations under OFCCP’s laws. The agency continues 

to accept and investigate complaints of discrimination and/or retaliation against contractors 

covered under a NIE. Incoming leadership would need to review any existing NIEs to determine 

if extensions are warranted.

Policy and Regulatory Issues 

Incoming leadership may face several major policy decisions within the first three months. 

These anticipated policy decisions and actions are as follows: 

• Propose new, or revise existing, regulatory agenda items for the publication of the 

Administration’s Spring Regulatory Agenda; 

• Create stakeholder engagement plans and timelines supporting the agency’s regulatory 

agenda; 

• Review and implement pending recommendations from a GAO report on the agency’s 

operation issued in 2016 and a report on the diversity in the information technology 

industry issued in 2017;

• Review and implement pending recommendations from an Office of Inspector General 

(OIG) report on the agency’s construction contractor enforcement;

• Determine whether to open the application period for the Excellence in Disability Inclusion 

Award Program and complete the year of engagement with the previous award recipients, 

PepsiCo and CVS Health; and

• Complete implementation of recent final rules, including the TRICARE Final Rule, the 

Religious Exemption Final Rule, and the Final Rule on OFCCP’s Resolution Procedures.
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Announcements

OFCCP plays a key role in the implementation and enforcement of Executive Order 13950, 

“Combatting Race and Sex Stereotyping and Scapegoating.” The agency published answers to 

frequently asked questions at https://www.dol.gov/agencies/ofccp/faqs/executive-order-13950. 

As required in the Executive Order, OFCCP will publish a Request for Information by 

November 21, 2020.

OFCCP will have one ongoing regulatory action with a deadline pending in the first three

months of the new Administration:

• A Notice of Proposed Rulemaking to codify a voluntary program currently authorized by 

the Office of Management and Budget that allows federal contractors and subcontractors to 

organize affirmative action programs by functional or business units. 

The agency will also have an information collection request (ICR) to finalize for its Construction 

Program. OFCCP published for comment the Affirmative Action Program Certification Portal

ICR with a deadline of November 13, 2020. The ICR is available on the Federal Register.1

Policy Overview

Sound policy is the cornerstone of strong enforcement. OFCCP developed three rulemakings, 

and several sub-regulatory guidance documents and new programs over the past four years 

following four key principles: Transparency, Certainty, Efficiency, and Recognition. 

Rulemaking

OFCCP published one final rule and two notices of proposed rulemaking during the past four 

years. The final rule, Affirmative Action and Nondiscrimination Obligations of Federal 

Contractors and Subcontractors: TRICARE Providers, removes TRICARE providers from 

OFCCP jurisdiction. This Final Rule is in the national interest and in the interest of the health of 

veterans and their families. OFCCP was concerned that health care providers were increasingly 

unwilling to accept federal contracts due to the regulatory burden they expect to incur, which 

may result in veterans and their families having difficulty accessing health care services. 

OFCCP also published a Notice of Proposed Rulemaking titled, Nondiscrimination Obligations 

of Federal Contractors and Subcontractors: Procedures to Resolve Potential Employment 

Discrimination, to codify procedures that OFCCP will use to resolve potential employment 

discrimination. The intention of the rule is to increase clarity and ensures certainty for OFCCP’s 

stakeholders, and enhance the agency’s efficiency in remedying employment discrimination. 

Finally, OFCCP published a Notice of Proposed Rulemaking titled, Implementing Legal 

Requirements Regarding the Equal Opportunity Clause’s Religious Exemption. The religious 

exemption, which is part of Executive Order 11246 and its implementing regulations, permits 

religious organizations to make employment decisions on the basis of religion, just as the Civil 

 1 https://www.federalregister.gov/documents/2020/09/14/2020-20105/affirmative-action-program-verificationinterface-new-information-collection-requirements-comment.
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Rights Act always has. The purpose behind OFCCP’s rulemaking is to clarify the scope and 

application of the religious exemption contained in section 204(c) of Executive Order 11246, as 

amended. The proposed clarifications would help organizations with federal government 

contracts and subcontracts and federally assisted construction contracts better understand their 

Executive Order 11246 obligations. 

External and Internal Sub-Regulatory Guidance 

• Directives. OFCCP issued 18 directives over the past four years to implement new 

initiatives focused on increasing transparency, certainty, efficiency, and recognition. The 

directives are part of the agency’s Guidance System. They are publicly facing documents 

related to enforcement of the agency’s laws, and all of them are available on the OFCCP 

website at https://www.dol.gov/agencies/ofccp/directives. The agency issued three of the 

recent directives in April 2020, as the country entered quarantine and stay at home posture 

due to the COVID-19 pandemic. These three directives increase accountability and 

efficiency in its enforcement, and maximize the effectiveness of compliance assistance 

resources for contractors:

 

 The Efficiency in Compliance Evaluations Directive outlines the steps OFCCP will 

take to expeditiously resolve compliance evaluations and quickly remedy violations to 

benefit the workers OFCCP protects as well as the regulated community. Efficient 

compliance evaluations help ensure the collection of relevant evidence in a timely 

manner. 

 The Pre-Referral Mediation Program Directive establishes a mediation program to 

resolve matters before spending significant time and resources in the enforcement

process. 

 The Ombuds Service Supplement Directive supplements Directive 2018-09 with 

additional details outlined in an Ombuds Service Protocol, which explains the 

principles of the Ombuds Service. Because some external stakeholders may be 

reluctant to contact OFCCP directly, the agency is committed to engaging in 

transparent communications and created the Ombuds Service as an independent 

mechanism to allow federal contractors, complainants, and other stakeholders to share 

their concerns with OFCCP or provide general feedback and recommendations to 

improve agency administration. To date the Ombuds Service has received more than

100 referrals and the feedback on the resolutions has been very positive.

• Federal Contract Compliance Manual (FCCM). OFCCP released an updated version of 

the Federal Contract Compliance Manual in FY 2019 to incorporate the five rulemakings 

that were promulgated under the prior administration as well as the new initiatives of the 

past four years. The FCCM is a publicly facing manual that provides evaluation and 

investigative procedures for OFCCP staff. OFCCP also developed a Standard Operating 

Procedure for the regular maintenance and update of the FCCM. The FCCM is available at 

https://www.dol.gov/agencies/ofccp/manual/fccm. 

• Compliance Assistance Guides. In the past four years, OFCCP published several guides 

to help contractors comply with their equal employment opportunity obligations. OFCCP 
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published Technical Assistance Guides for construction contractors, educational 

institutions, supply and service contractors, small contractors, as well as general guides on 

complying with recordkeeping obligations and posting and notice requirements. All the 

guides are available at https://www.dol.gov/agencies/ofccp/compliance-assistance. 

• Frequently Asked Questions (FAQs). During the past four years, OFCCP has issued 

FAQs on a variety of topics, including parental leave, arbitration, practical significance, 

remote employees in affirmative action programs (AAPs), student workers in AAPs, and 

disaggregating minority groups for placement goals, among many others. OFCCP finds 

that FAQs are an effective form of guidance for a variety of stakeholders. The FAQs are 

available at https://www.dol.gov/agencies/ofccp/faqs. 

• Internal Guidance. OFCCP has issued 12 internal guidance documents, or INTs, over the 

past four years. INTs are part of OFCCP’s Guidance System to provide enforcementrelated guidance to OFCCP staff that is not public facing. OFCCP publishes the INTs on 

its intranet site. 

Program Development

• Excellence in Disability Inclusion (EDI) Award. OFCCP launched a recognition 

program in FY 2019 in collaboration with the Office of Disability Employment Policy to 

recognize federal contractor and subcontractor establishments that ensure equal 

employment opportunity, foster employment opportunities for individuals with disabilities, 

and have achieved a level of excellence in their compliance with Section 503.

• White House Initiative to End the Opioid Crisis. OFCCP is a contributing member to 

the Department’s working group for this White House initiative. Under one of OFCCP’s 

legal mandates, Section 503 of the Rehabilitation Act of 1973, individuals who previously 

misused drugs may be considered qualified individuals with disabilities if they no longer 

engage in the illegal use of drugs and either have been successfully rehabilitated or are 

participating in a supervised rehabilitation program. In FY 2020, OFCCP published a 

webpage to provide information and resources to federal contractors and workers related to 

their obligations and rights concerning the past misuse of drugs. More information is 

available at https://www.dol.gov/agencies/ofccp/drug-misuse. 

• White House Initiative on Historically Black Colleges and Universities (HBCUs). In 

FY 2020, OFCCP began leading the Departmental efforts in support of this White House 

Initiative. OFCCP is establishing relationships with HBCUs to provide federal contractors 

with resources to increase the representation of minorities and women in career-level jobs

through outreach and recruitment. OFCCP has expanded this effort to include Hispanic 

Association of Colleges and Universities (HACU) members, Asian Pacific Islander 

American Association of Colleges and Universities, and Tribal Colleges and Universities 

(TCU). More information is available at https://www.dol.gov/agencies/ofccp/complianceassistance/outreach/hbcu-initiative. 

• Opinion Letters and Help Desk. OFCCP developed new programs in the past four years 

that provide fact-specific compliance assistance in the form of opinion letters and responses 
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to public inquiries via an online, interactive Contractor Assistance Portal (CAP). The 

agency published a protocol for responding to opinion letter requests on its website at 

https://www.dol.gov/agencies/ofccp/opinion-letters. CAP is part of OFCCP’s Help Desk 

function. It allows federal contractors to register for an account and ask questions, with 

answers posted for the entire community of users to view. The Help Desk has a separate 

online inquiry function that allows anyone to submit a question to OFCCP with an answer 

provided privately. 

Training

• In FY 2018, OFCCP retained an expert consultant to assess its national training program, 

and standardize its training development and evaluation processes. The assessment was 

completed and OFCCP implemented a new instruction design process required by the 

International Association for Continuing Education and Training (IACET) that includes, 

among other features, documented and standardized operating procedures, needs 

assessments, clearly defined course objectives, testing and evaluations, and recordkeeping. 

In June 2019, IACET recognized OFCCP as an accredited provider of adult education. 

Since accreditation, OFCCP has provided training to all staff on conducting focused 

reviews and investigating complaints of discrimination.

• In May 2020, OFCCP rolled out its Contractor Compliance Institute (CCI) to provide 

compliance assistance to federal contractors and subcontractors through online courses. 

CCI is a secure environment where users can learn how to comply with their 

nondiscrimination and affirmative action obligations. As of September 2020, CCI had 

3,138 registered users, of which 1,736 have participated in one or more of the courses in 

the course catalog; a total of 508 or 29 percent of those participants have completed one or 

more courses.

Enforcement Overview

OFCCP conducts most of its enforcement work through neutrally scheduled compliance 

evaluations of federal contractors and subcontractors. During these compliance evaluations, 

OFCCP assesses compliance with affirmative action and nondiscrimination obligations, as 

amended and required by the implementing regulations of Executive Order 11246, Section 503, 

and VEVRAA.

OFCCP schedules about 1,500 compliance evaluations of federal contractor establishments 

annually. The agency develops a scheduling list to select, in a neutral manner, the 

establishments that will undergo a compliance review, focused review, or compliance check. 

The following explains how these enforcement tools differ:

• A compliance review is a comprehensive analysis and evaluation of the hiring and 

employment practices of the contractor (with a particular statistical focus on race and 

gender in selection and compensation), the written affirmative action program, and the 

results of the affirmative action efforts undertaken by the contractor.
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• A focused review is an onsite review (though currently offsite due to the coronavirus 

pandemic) restricted to one or more components of the contractor’s organization or one or 

more aspects of the contractor’s employment practices. The agency also publishes 

compliance assistance and best practices in conjunction with these reviews. In FY 2019-

FY 2020, OFCCP has scheduled four forms of focused reviews: Section 503, VEVRAA, 

Promotions, and Accommodations.

• A compliance check is a determination of whether the contractor has maintained records 

consistent with the regulatory requirements; the contractor has the option to provide the 

documents onsite or offsite.

OFCCP selects contractor establishments for evaluations by developing, on a regular but nonscheduled basis, a scheduling list using federal and commercial business databases, and other 

factors. The agency bases the total number of contractors it will review per scheduling list on its 

regional and district office staffing levels. OFCCP distributes the final scheduling list to each 

district office based on the contractor establishments’ physical location within the district 

office’s jurisdiction. The list is sorted using any of a number of neutrally-applied factors, such as 

alphabetical order, employee count at the establishment, contract value, or contract expiration 

date.

OFCCP compliance evaluations result in about 16 percent violation findings of affirmative 

action, nondiscrimination, or other obligations such as annual self-analysis and recordkeeping. 

Since the beginning of FY 2017, OFCCP compliance officers reviewed 4,700 federal contractor 

establishments. Collectively, those facilities employed 2.9 million workers. OFCCP also 

receives about 1,200 complaints annually from federal contractor employees, approximately 75 

percent of which the agency refers to the EEOC under the Memorandum of Understanding 

between the two agencies.

In about three percent of OFCCP compliance evaluations, OFCCP uncovers discrimination and 

obtains remedies to make the victims of discrimination whole. Remedies in these cases typically 

include back pay and interest, job opportunities or salary adjustments, and injunctive relief to 

keep the discrimination from continuing and recurring. Since the beginning of FY 2017, OFCCP 

cited contractors for discrimination violations in over 267 cases. Through conciliation efforts, 

the agency recovered approximately $117 million in back pay, interest, and salary adjustments

for more than 141,800 workers who were subjected to discrimination.

OFCCP rarely litigates cases, as proactive compliance is always the agency’s goal. When the 

agency cannot achieve proactive compliance, it turns to litigation. Between FY 2017 and FY 

2020, OFCCP filed 14 cases with the Office of the Administrative Law Judges (OALJ) through 

the Office of the Solicitor, including several lawsuits against contractors who denied OFCCP 

compliance officers access to documents, data or worksites. As of October 1, 2020, there are 

seven OFCCP matters in litigation.

Enforcement Initiatives Since 2017

Comprehensive Contractor Compliance. OFCCP has jurisdiction over approximately 120,000 

contractor establishments and 25,000 firms or parent companies, not including covered 
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subcontractors as this universe is unknown. OFCCP can evaluate only a portion of these 

establishments annually. To address this challenge, OFCCP increased the number and type of 

compliance evaluations it conducts annually. Additionally, the agency has implemented a 

comprehensive strategy to promote compliance across the entire contractor community that 

includes AAP certification, and enterprise wide settlements.

Focused Reviews. OFCCP has maximized the use of the enforcement tools available under its 

regulations by scheduling focused reviews. In FY 2020, OFCCP expanded its focused review 

initiative to VEVRAA, Promotions, and Accommodations–in addition to the Section 503-

focused reviews that the agency began conducting in FY 2019. Focused reviews enable OFCCP 

to increase the number of reviews it conducts, reach more of its regulated universe, and protect 

more workers. Additionally, by focusing on a particular law or employment practice, OFCCP 

learns and develops best practices at the onset of the reviews and throughout the course of the set 

of focused reviews (e.g., Section 503-focused reviews). At the completion of each set of focused 

reviews, the agency will issue annual reports that include the results of the reviews and any 

additional best practices found. More information about these programs is available at 

https://www.dol.gov/agencies/ofccp/contractors.

Affirmative Action Program Certification Portal. All federal contractors and subcontractors 

are required to certify annually that they have prepared AAPs at each establishment having 50 or 

more employees.2

 Contractors make this certification in the General Services Administration’s 

System for Acquisition Management. In early FY 2021, OFCCP anticipates launching the 

Affirmative Action Program Certification Portal for contractors to self-certify periodically their 

compliance with the AAP requirements. As part of this initiative, OFCCP is also developing a 

web-based portal to allow contractors to upload their AAPs for OFCCP review during a 

scheduled compliance evaluation. 

Timely Resolution Procedures. OFCCP has introduced alternative ways to resolve its 

compliance evaluations, including using Early Resolution Procedures (ERP) and implementing a 

Pre-Referral Mediation. OFCCP issued the ERP Directive in FY 2019 to promote early and 

efficient resolution of compliance evaluations with discrimination indicators. These procedures 

allow OFCCP to conclude its investigative process quickly and provides contractors the 

opportunity to engage in a corporate-wide conciliation agreement. ERP provides a mechanism 

for OFCCP to maximize its resources for the benefit of the agency, federal contractors, and 

workers. Since its inception, this Program has led to 29 Early Resolution Conciliation 

Agreements comprising $47.4 million in back pay, $4.5 million in salary adjustments, 2,071 job 

offers, and ongoing monitoring of approximately 525,000 employees to ensure equal 

employment opportunity. In FY 2020, OFCCP implemented the Pre-Referral Mediation 

Program. This program allows OFCCP to resolve findings of discrimination efficiently prior to 

referrals to the Office of the Solicitor for enforcement, thereby remedying affected class 

members sooner.

Interagency Enforcement Collaboration. OFCCP actively coordinates with other federal 

enforcement and civil rights enforcement agencies to ensure the very best remedy for victims of 

discrimination. Under the 2011 MOU with EEOC, OFCCP established Compliance 

 2 See Federal Acquisition Regulations part 22, subsections 22.8, 22.804, 22.13, and 22.14.
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Coordination Advocates in the national office and in the field that meet semi-annually to discuss 

enforcement trends, current cases, and opportunities for collaboration. Since 2011, OFCCP and 

EEOC have engaged in hundreds of joint outreach events, participated in cross training, and 

collaborated on compliance evaluations and complaint investigations. OFCCP modified the 

current MOU with EEOC by, among other provisions, adding the U.S. Department of Justice’s 

Civil Rights Division (DOJ-CRD) as a signatory. The Department and the agency believe the 

MOU will result in greater cooperation and coordination between the OFCCP, EEOC, and DOJCRD agencies in the implementation of Title VII of the Civil Rights Act and Executive Order 

11246.

Functional Affirmative Action Program (FAAP). In 2019, OFCCP issued a revised directive 

to continue this program. The regulations implementing Executive Order 11246 permit federal 

supply and service contractors to develop AAPs based on a business function or business unit 

rather than AAPs based on contractor establishments. These functional AAPs or FAAPs allow 

the contractor to examine whether its personnel practices and affirmative action efforts are 

sufficient to ensure equal employment opportunity for applicants and employees of a functional 

or business unit, rather than a particular establishment. The updated directive requires approval 

by the OFCCP director, eliminates automatic renewal of contractors’ FAAP agreements, and 

extends the period of the agreement from three to five years. FAAP agreements provide 

contractors with an individual point of contact for compliance assistance and guidance.

Indian and Native American Employment Rights Program (INAERP). This program

strengthens workplace protections and expands employment opportunities for qualified Indian 

and Native American job seekers and workers. INAERP provides compliance assistance and 

outreach to tribal leaders, community organizations, individual workers, and companies that hold 

federal contracts and subcontracts. In 2017, OFCCP and the Council for Tribal Employment 

Rights (CTER) renewed a Memorandum of Understanding to foster cooperation and support a 

mutually beneficial working relationship. Through the MOU OFCCP and CTER agree to 

identify job opportunities for Indians and Native Americans with federal contractors. INAERP 

also recently published an updated webpage that includes Indian Preference Frequently Asked 

Questions and best practices for creating an inclusive workplace for Native Americans. More 

information about this program is available at https://www.dol.gov/agencies/ofccp/complianceassistance/outreach/indians-native-americans.

Audits and Reports

On September 22, 2016, GAO released its final report, GAO-16-750 (available at

https://www.gao.gov/products/GAO-16-750), entitled “Equal Employment Opportunity: 

Strengthening Oversight Could Improve Federal Contractor Nondiscrimination Compliance.” 

GAO focused on OFCCP’s work on supply and service contracts, and made six 

recommendations, including that OFCCP develop a contractor selection process that reflects 

contractor noncompliance risk, develop a mechanism to monitor contractors’ compliance with 

AAP requirements, and review and assess the clarity of its contractor guidance. OFCCP has 

implemented four of six recommendations. The agency continues to work on implementing 

recommendations for improving its scheduling methodology to focus on contractors at higher 

risk of noncompliance, and developing a mechanism to electronically monitor compliance with 

the affirmative action program requirements.
TAB 3: Calendar

15

On November 16, 2017, GAO released a report, GAO-18-69 (available at 

https://www.gao.gov/products/GAO-18-69), entitled “Diversity in the Technology Sector: 

Federal Agencies Could Improve Oversight of Equal Employment Opportunity Requirements.” 

GAO made six recommendations, one for the EEOC and five for OFCCP. OFCCP has 

implemented one of the recommendations. The agency continues to work to resolve the four 

pending recommendations: 

(1) analyze internal process data to make efficiency improvements for conducting 

compliance evaluations, 

(2) adapt scheduling methodology to evaluate contractors in industries at greatest risk of 

noncompliance, 

(3) examine the scheduling methodology to ensure that OFCCP schedules subcontractors for 

compliance reviews, and 

(4) evaluate the Functional Affirmative Action Program to assess its usefulness as an 

effective alternative to an establishment-based program, and determine what 

improvements, if any, could be made to better encourage contractor participation.

In October 2016, the OIG initiated a discretionary audit of OFCCP’s policies, procedures, and 

practices in the area of construction. This audit came on the heels of a comprehensive GAO 

audit that did not include the review of OFCCP’s work in construction. The OIG reviewed the 

results and remedies of OFCCP’s compliance evaluations and complaint investigations of 

construction contractors, plus the agency’s outreach to employees and contractors. The audit 

evaluated how OFCCP selected construction contractors for compliance evaluations and 

complaint investigations and determined if they were complying with EEO requirements. The 

OIG issued its final report no. 04-20-001-14-001 (available at 

https://www.oig.dol.gov/public/reports/oa/2020/04-20-001-14-001.pdf), entitled, “OFCCP Did 

Not Show It Adequately Enforced EEO Requirements on Federal Construction Contracts,” on 

March 27, 2020. The report includes two recommendations for OFCCP: (1) develop a risk-based 

approach to select construction contractors for EEO compliance evaluations, and (2) update 

participation goals for minorities and females, and implement processes to keep all participation 

goals current. OFCCP submitted a corrective action plan.

IT Modernization

In FY 2016, OFCCP began working with the Office of the Chief Information Officer (OCIO) to 

replace its legacy case management system, which tracks the status of OFCCP cases as they 

undergo various stages of a compliance evaluation, with a new modernized Compliance 

Management System (CMS). The new system addresses the agency’s previous challenges of 

uniformity, security of sensitive information, version control, and inter-regional collaboration, 

and incorporates an electronic document management component, replacing the agency’s paperbased case file system. In the summer of FY 2019, OFCCP deployed the supply and service 

module for CMS to all field staff. In FY 2020, OFCCP encountered some procurement issues 

that delayed development of the construction and complaint modules. Presently, OFCCP is on 

track to deploy two construction modules in FY 2021 and the complaint module in early FY 

2022. OFCCP will develop and deploy additional modules, including reporting capabilities and 

national operations thereafter.
TAB 3: Calendar

16

Key Agency Stakeholders

The incoming Administration can expect many of these stakeholders to request meetings to 

discuss new priorities for OFCCP:

Trade Groups

• Trade groups representing federal contractors (e.g., National Industry Liaison Group 

(ILG) and its local chapters, DirectEmployers Association, The Institute for Workplace 

Equality, U.S. Chamber of Commerce, Associated General Contractors, Equal 

Employment Advisory Council, Center for Workplace Compliance, Information 

Technology Industry Council, and American Association for Access, Equity, and 

Diversity)

• Trade groups representing human resource professionals (e.g., Society for Human 

Resource Management, National Human Resources Association, and National 

Association of African-Americans in Human Resources)

State Government Groups

• Associations representing state government entities (e.g., National Association of State 

Workforce Agencies and Council of State Administrators of Vocational Rehabilitation)

Trade Unions and Civil Rights Groups

• Trade unions (e.g., Service Employees International Union, AFL-CIO, and United Food 

and Commercial Workers Union)

• Civil rights/workers’ rights groups (e.g., Leadership Conference for Civil and Human 

Rights, NAACP Legal Defense and Educational Fund, American Civil Liberties Union, 

Center for American Progress, and National Employment Law Project)

• Women’s groups (e.g., National Women’s Law Center, Institute for Women’s Policy 

Research, American Association of University Women, and National Partnership for 

Women & Families)

• Disability groups (e.g., National Organization on Disability, Bazelon Center for Mental 

Health Law, American Association of People with Disabilities, Disability:In, and Easter 

Seals)

• Veterans’ service organizations (e.g., Paralyzed Veterans’ of America)

• Groups representing the LGBTQ community (e.g., Human Rights Campaign, National 

Center for Transgender Equality, Williams Institute – UCLA School of Law)

Educational Institutions

• Educational institutions serving protected classes (e.g., Historically Black Colleges and 

Universities, Hispanic Association of Colleges and Universities, Asian Pacific Islander 

American Association of Colleges and Universities, and Tribal Colleges and 

Universities)
TAB 3: Calendar

17

TAB 3: CALENDAR

Event Date

American Bar Association Contract Public Law Section’s Panel on 

Executive Order 13950 November 2020

National Employment Law Institute’s 39th Annual Affirmative Action 

Briefing November 5, 2020

Quarterly Senior Leadership Meeting December 7 – 10, 

2020

Wharton/Morgan Lewis Workplace Policy Forum December 1, 2020

Deputy Director Speech to the Hon. William L. Todd American Inn of 

Court December 16, 2020

Quarterly Senior Leadership Meeting March 8 – 11, 2021

Els for Autism Foundation | Autism Innovations and Global Impact 

Conference: Building a Neurodiverse Workforce March 12, 2021

Quarterly Senior Leadership Meeting June 8 – 11, 2021

Quarterly Senior Leadership Meeting September 13 – 16, 

2021
TAB 4: Budget

18

TAB 4: BUDGET

Office of Federal Contract Compliance Programs

BUDGET AUTHORITY AND FTE SUMMARY

(Dollars in millions)

FY 2017

Enacted

FY 2018

Enacted

FY 2019

Enacted

FY 2020

Enacted

FY 2021

Request

Budget Authority $104.5 $103.5 $103.5 $106.0 $106.4

FTE 556 514 500 472 496

At-A-Glance

• The Office of Federal Contract Compliance Programs (OFCCP) is a single activity 

agency funded solely by an annual appropriation. OFCCP examines the employment 

practices of federal contractors to determine whether they comply with the equal 

employment opportunity and affirmative action obligations.

Budget and FTE Trends

• The agency’s budget has remained relatively stable from Fiscal Year (FY) 2013 ($105.2 

million) through FY 2020 ($106.0 million). 

• From FY 2013 the number of authorized FTE has decreased substantially each year from 

729 down to its current level of 472 in FY 2020. The agency did not have the funding 

necessary to sustain that level of employment with relatively flat funding each year as the 

cost per FTE and shared services costs increased. Management strategy has been to 

execute their budget using less FTE than what is in their ceiling to safely cover all their 

non-personnel expenses. 

• OFCCP had a $5.3 million reduction (5.0 percent) in funding in FY 2013 due to 

sequestration. The agency reduced costs by furloughing all employees for five days, 

implementing a hiring freeze, canceling all performance awards, bonuses, overtime, and 

premium pay, and reducing travel and contract expenses. 

• In FY 2018 and FY 2019, the President’s Budget requests were significantly lower due to 

a proposed merger with the Equal Employment Opportunity Commission (EEOC). 

Ultimately, this proposed merger never happened and OFCCP was funded near their 

customary funding levels in FY 2020.

• OFCCP did not receive any COVID-19 supplemental funding in FY 2020.

• The FY 2021 Request is for $0.4 million more than the FY 2020 Enacted.

• OFCCP is set to transfer $5.4 million and 4 FTE for the Shared Services initiative in FY 

2020. OCIO will assume all of OFCCP’s Information Technology (IT) functions 

including capital planning, cybersecurity, IT strategic planning, IT portfolio and project 

management, IT procurement services, IT infrastructure and operations, and network 

services.
TAB 4: Budget

19

Upcoming Issues

• OFCCP has had a relatively flat budget authority for the past decade and a declining 

onboard and FTE usage in recent years to ensure that continually increasing expenses like 

compensation, benefits, and IT modernization services can be covered. 

Reports/Audits/Evaluations

• In 2016, the Government Accountability Office (GAO) conducted a report titled Equal 

Employment Opportunity: Strengthening Oversight Could Improve Federal Contractor 

Nondiscrimination Compliance. GAO concluded that OFCCP did not have reasonable 

assurance that it is focusing its compliance efforts on those contractors with the greatest 

risk of noncompliance. In response to this, GAO provided six recommendations to the 

OFCCP, of which four have been implemented and the other two are in the process of 

being addressed. One of the recommendations being addressed is for OFCCP to develop 

a mechanism to monitor Affirmative Action Programs (AAPs) from covered federal 

contractors on a regular basis. 
TAB 4: Budget

20

FY

2012

FY

2013

FY

2014

FY

2015

FY

2016

FY

2017

FY

2018

FY

2019

FY

2020

FY

2021

Req.

Request $109.0 $106.4 $108.5 $107.9 $113.7 $114.2 $88.0 $91.1 $103.6 $106.4

Enacted $105.2 $99.7 $105.0 $106.5 $105.5 $104.5 $102.5 $103.5 $106.0

$0

$10

$20

$30

$40

$50

$60

$70

$80

$90

$100

$110

$120

OFCCP

Request vs. Enacted, FY 2012-FY 2021

(Dollars in millions)

FY

2012

FY

2013

FY

2014

FY

2015

FY

2016

FY

2017

FY

2018

FY

2019

FY

2020

Enacted $105.2 $99.7 $105.0 $106.5 $105.5 $104.5 $102.5 $103.5 $106.0

Inflation Adjusted $87.9 $89.2 $90.6 $90.7 $91.9 $93.8 $96.1 $97.8 $97.8

$0

$10

$20

$30

$40

$50

$60

$70

$80

$90

$100

$110

$120

OFCCP

FY 2012 Inflation Adjusted BA vs.

FY 2012-FY 2020 Enacted BA

(Dollars in millions)
TAB 4: Budget

21

FY 2012 FY 2013 FY 2014 FY 2015 FY 2016 FY 2017 FY 2018 FY 2019 FY 2020

Enacted $105.2 $99.7 $105.0 $106.5 $105.5 $104.5 $102.5 $103.5 $106.0

Obligations $105.0 $99.5 $104.5 $105.4 $104.9 $104.1 $101.9 $103.1

$0

$10

$20

$30

$40

$50

$60

$70

$80

$90

$100

$110

$120

OFCCP

Budget Authority vs. Obligations,

FY 2012-FY 2020

(Dollars in millions)

FY

2012

FY

2013

FY

2014

FY

2015

FY

2016

FY

2017

FY

2018

FY

2019

FY

2020

FY

2021

Req.

Authorized 755 729 683 621 615 556 514 500 472 496

Actuals 743 726 683 620 581 563 508 478

0

100

200

300

400

500

600

700

800

OFCCP

Authorized FTE vs. Actuals, FY 2012-2021
TAB 5: Agency Performance

22

TAB 5: AGENCY PERFORMANCE

Historically, the Office of Federal Contract Compliance Programs (OFCCP) has found 

discrimination in approximately two percent of its compliance evaluations. From Fiscal Year 

(FY) 2017 through FY 2020, OFCCP has seen an increase in findings of discrimination. In FY 

2019, OFCCP realized the greatest number and value of discrimination findings in its history. 

This progress in resolutions is attributable to the agency’s improved procedures and innovations 

in its resolution processes. 

Over the past several years, OFCCP has focused on reaching a larger portion of the regulated 

community through compliance evaluations or compliance assistance. From FY 2017 to FY 

2020, OFCCP has significantly increased the number of compliance evaluations opened.

Additionally, OFCCP has conducted more meaningful outreach to contractors providing them 

with the tools to comply with their contractual obligations. In addition to these events, OFCCP 

3.7%

5.9%

6.3%

5.0%

0.0%

1.0%

2.0%

3.0%

4.0%

5.0%

6.0%

7.0%

FY 2017 FY 2018 FY 2019 FY 2020

Percent of Compliance Evaluations Closed with Discrimination 

Findings

937 1,022

1,539 1,624

0

200

400

600

800

1,000

1,200

1,400

1,600

1,800

FY 2017 FY 2018 FY 2019 FY 2020

Number of S&S Cases Opened
TAB 5: Agency Performance

23

launched its Contractor Compliance Institute, which provides on-demand, online courses that 

support contractors in understanding the obligations and developing affirmative action programs. 

OFCCP has focused on improving efficiency in processing compliance evaluations. Improved 

procedures for conducting and resolving compliance evaluations has enabled OFCCP to see 

significant reduction in the median days to close its compliance evaluations. Since FY 2017 the 

median days to close has decreased from 283 days to 159 days. 

280

346

580

683

0

100

200

300

400

500

600

700

800

FY 2017 FY 2018 FY 2019 FY 2020

Number of Contractor Compliance Assistance Events, Agency 

Wide

283

306

181

159

0

50

100

150

200

250

300

350

FY 2017 FY 2018 FY 2019 FY 2020

Median Days to Close S&S Cases Without Discrimination 

Violations
TAB 5: Agency Performance

24

Finally, OFCCP has set timeframes for closing complaints filed by federal contractor employees 

and continues to improve on this timeliness metric. In FY 2017, 88 percent of complaints were 

closed timely, compared to 90 percent in FY 2020.

88%

91%

87%

90%

85%

86%

87%

88%

89%

90%

91%

92%

FY 2017 FY 2018 FY 2019 FY 2020

Percent of Complaints Processed within Standard Timeframe