Construction Program (2016)
Office of Federal Contract Compliance Programs (OFCCP)
OFCCP’s Mega Construction Project Program
The Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) is announcing a significant expansion of its Mega Construction Project (MCP) Program to ensure that federal construction contractors and subcontractors–companies that receive taxpayers’ dollars to construct buildings, highways, and other federally funded or federally assisted projects—make job opportunities in the construction trades available to applicants and employees regardless of their race, color, religion, sex, gender identity, sexual orientation, national origin, disability, or protected veteran status. For the first time, OFCCP is making strategic investment of agency resources at all levels (national and regional) to ensure that the nation’s largest construction projects can make a real difference in employment opportunities for the thousands of women, minorities, individuals with disabilities, and protected veterans who have the qualifications, experience, and determination to work on large, federally funded or federally assisted construction projects in their communities.
Contractors may establish higher goals if they desire. Although a contractor is required to make good faith efforts to meet their goals, the goals are not quotas and no sanctions are imposed solely for failure to meet them
Goals under Executive Order 11246, as amended, do not require that any specific position be filled by a person of a particular gender, race, or ethnicity. Instead, the requirement is that contractors engage in outreach and other efforts to broaden the pool of qualified candidates to include minorities and women.
The use of goals is consistent with principles of merit, because goals do not require an employer to hire a person who does not have the qualifications needed to perform the job successfully, hire an unqualified person in preference to another applicant who is qualified, or hire a less qualified person in preference to a more qualified person.
Goals may not be treated as a ceiling or a floor for the employment of members of particular groups.
A contractor's compliance is measured by whether it has made good faith efforts to meet its goals, and failure to meet goals, by itself, is not a violation of the Executive Order.
Synopsis of Law Executive Order 11246
The Executive Order prohibits federal contractors and federally–assisted construction contractors and subcontractors, who do over $10,000 in Government business in one year from discriminating in employment decisions on the basis of race, color, religion, sex, sexual orientation, gender identity or national origin. The Executive Order also requires Government contractors to take affirmative action to ensure that equal opportunity is provided in all aspects of their employment. Additionally, Executive Order 11246 prohibits federal contractors and subcontractors from, under certain circumstances, taking adverse employment actions against applicants and employees for asking about, discussing, or sharing information about their pay or the pay of their co–workers.