Background: The Office of Federal Contract Compliance Programs (OFCCP) enforces Executive Order (E.O.) 11246, as amended, Section 503 of the Rehabilitation Act of 1973 (Section 503), as amended, and the Vietnam Era Veterans’ Readjustment Assistance Act of 1974 (VEVRAA), as amended. Collectively, these laws prohibit federal contractors and subcontractors from discriminating on the basis of race, color, religion, sex, national origin, and status as a qualified individual with a disability or protected veteran. They also require federal contractors and subcontractors to take affirmative steps to ensure equal employment opportunity in their employment processes.
Directive 2014-01: The OFCCP has recently acknowledged a lack of common understanding between the Department of Labor and covered subcontractors of the TRICARE community regarding the OFCCP’s jurisdiction to audit certain facilities under the laws and regulations they administer. Due to this, and legal challenges brought forth, the Department of Labor issued Directive 2014-01 on May 7, 2014.
The good news: Directive 2014-01 puts in place a five-year moratorium on OFCCP’s enforcement of TRICARE subcontractors covered under the directive. During the moratorium, the OFCCP will assist with outreach and technical assistance programs to provide greater transparency and education to the TRICARE community on the laws enforced by the OFCCP, and coverage under such.
In addition, covered TRICARE subcontractors with open and pre-existing audit evaluations will receive administrative closure within 30 days of the effective date of this directive, or, May 7, 2014. TRICARE subcontractors receiving an OFCCP scheduling letter after the effective date of this directive should reach out to their local OFCCP office to request an administrative closure of the evaluation.
For further information regarding the policies, procedures, and coverage of this directive, please follow the link below to the OFCCP’s website: http://www.dol.gov/ofccp/regs/compliance/directives/dir2014_01.htm.