Long Term Care Facilities May Face Increased Affirmative Action Enforcement by DOL


The Department of Labor's ("DOL's") Office of Federal Contract Compliance Programs is taking a closer look at long term care facilities (in fact, all facilities that provide medical services) to ensure compliance with Executive Orders and other equal employment opportunity laws that govern federal procurement.

What is the Office of Federal Contract Compliance Programs?

The Office of Federal Contract Compliance Programs ("OFCCP") is charged with enforcement of various equal employment opportunity laws, including Executive Order 11246, Section 503 of the Rehabilitation Act of 1973, and the affirmative action provisions of the Vietnam Era Veterans' Readjustment Assistance Act. These Executive Orders, statutes and regulations require specific "affirmative action" and, therefore, encompass greater compliance obligations than other federal fair employment statutes that do not, such as Title VII of the Civil Rights Act, the Americans with Disabilities Act, or the Equal Pay Act. In other words, the OFCCP enforces laws that require federal contractors and subcontractors to take "affirmative action" toward equal employment opportunity, including preparing affirmative action plans and monitoring progress toward numerical affirmative action goals.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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