Healthcare Provider Does Not Have OFCCP Affirmative Action Obligations Arising Out of TRICARE

On October 19, 2012, the Department of Labor's Administrative Review Board concluded that Florida Hospital of Orlando did not have federal contractor affirmative action obligations arising out of its participation in TRICARE (the Department of Defense's healthcare program for the military). (OFCCP v. Florida Hospital of Orlando, DOL ARB No. 11-011.) The board concluded that Section 715 of the National Defense Authorization Act precluded the Department of Labor's Office of Federal Contract Compliance Programs (OFCCP) from asserting jurisdiction over Florida Hospital, and the board therefore dismissed OFCCP's complaint. The ruling is a win for healthcare providers that have received increased scrutiny from the OFCCP because of their participation in TRICARE.