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Education & Affirmative Action

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Education & Affirmative Action 

Executive Order 11246 is required in order to be a depository for Federal Funds or a Federal Contractor / Sub contractor. Educational entities need to keep an Affirmative Action Plan and tracking of their Good Faith Efforts and make sure this is updated on an ANNUAL BASIS. The Standard Compliance Evaluation Report, otherwise known as the SCER form is used during the Department of Labor Desk Audits. In order to complete all sections External Outreach Efforts must be met. See the Letter from Department of Labor / OFCCP regarding Districts and EO 11246 Obligations;

Thank you for your May 23, 2017, email asking if the Standard Compliance Evaluation Report (SCER) form is used to evaluate school districts compliance.

The Office of Federal Contract Compliance Programs (OFCCP) administers and enforces three equal employment opportunity mandates: Executive Order 11246, as amended (Executive Order); Section 503 of the Rehabilitation Act of 1973, as amended (Section 503); and the Vietnam Era Veterans’ Readjustment Assistance Act of 1974, as amended, 38 U.S.C. 4212 (VEVRAA). These mandates prohibit federal contractors and subcontractors from discriminating based on race, color, religion, sex, sexual orientation, gender identity, national origin, disability, or status as a protected veteran. Additionally, Executive Order 11246 prohibits federal contractors and subcontractors from taking adverse employment actions against applicants and employees for asking about, discussing, or sharing information about their pay or, in certain circumstances, the pay of their co-workers.

Unfortunately, the limited information in your email precludes us from providing a specific response to your question. Generally speaking, the answer is yes, the SCER is the tool used by compliance officers to establish the framework for and to document the results of an OFCCP compliance evaluation. For more information about the SCER, please refer to the Federal Contract Compliance Manual (FCCM) on our Web site at https://www.dol.gov/ofccp/regs/compliance/fccm/fccmanul.htm.

 As indicated above, OFCCP’s jurisdiction extends to any business or organization, including public school systems, that have federal contracts, subcontracts and/or federally assisted construction contracts. Accordingly, a school might be subject to one or more of the laws enforced by OFCCP if it:

• holds a single federal contract, subcontract, or federally assisted construction contract of more than $10,000.00;

• has federal contracts or subcontracts with a combined total of more than $10,000.00 in any 12-month period; or

• holds government bills of lading, serves as a depository of federal funds, or is an issuing and paying agent for U.S. savings bonds and notes in any amount.

of the state or local government that participates in work on or under the federal contract or subcontract.

For more information about OFCCP’s compliance evaluations and jurisdiction, please visit our regulations at 41 Code of Federal Regulations (CFR) Chapter 60 online at https://www.dol.gov/dol/cfr/Title_41/Chapter_60.htm.

If you need more information about OFCCP or any issue related to nondiscrimination and affirmative action obligations of federal contractors and subcontractors, you can:

If you need more information about OFCCP or any issue related to nondiscrimination and affirmative action obligations of federal contractors and subcontractors, you can: 

1. visit the OFCCP’s Web site at http://www.dol.gov/ofccp or 

2. call the OFCCP’s toll free Help Desk at 1-800-397-6251; or 

3. contact an OFCCP District or Area Office nearest you (a list of offices, by State, is available on the OFCCP Web site). 

Sincerely, 

Margaret Kraak 

Chief, Branch of Training Education and Program Development  OFCCP

 

OFCCP DIRECTOR COMMENTARY REGARDING AAP

https://www.dol.gov/regulations/chat-ofccp-static-201107.htm


1:11 Comment From Deborah: What is a definition of a non-construction federal contractor? We are a community college and have been told we do not fall under the definition of a federal contractor. Our administration is confused if we do fall under the requirements for affirmative action.

1:11 Patricia A. Shiu, OFCCP Director: A community college with a federal contract of $10,000 or more is generally covered by OFCCP's regulations. If you have any further questions, please visit our website and review our Supply & Service Technical Assistance Guide athttp://s.dol.gov/H6

 

1:13 Comment From Cheryl Bressington: How do you document good faith efforts in trying to recruit diverse individuals?

1:13 Patricia A. Shiu, OFCCP Director: Cheryl, there are a variety of ways to document good faith efforts. The most important thing is to ensure that you have complete and accurate documentation (e.g. emails, letters of confirmation, job postings, etc.). OFCCP regulations and technical guides have more detailed information:http://www.dol.gov/ofccp/

 

 

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