If you’re a federal contractor, OFCCP applies to you. OFCCP compliance is a critical element of your HR and recruiting efforts. But even if you take every step to eliminate workplace discrimination, you may be faced with a complaint. Here’s what to expect if you receive a discrimination complaint.
1. You’ll receive notification within 10 days of the complaint. The notification will inform you of the date, place the circumstances of the alleged unlawful employment practice. It’s critical that as soon as you receive the complaint, you begin preparing your response and investigating the issue yourself.
2. OFCCP doesn’t personally investigate every complaint. When other agencies are involved, OFCCP may transfer the complaint to the appropriate Equal Employment Opportunity Committee.
3. Complaints may be made by an employee, former employee, applicant for employment, or by a third party alleging specific violations.
4. Complaints vary based on the circumstances and type of discrimination alleged.
5. Complaints must be filed within 180 days of the incident.
6. An investigation will include interviews and on-site investigations.
7. You can’t fire or retaliate against an employee who files a complaint.
If you receive an OFCCP complaint, the first thing to do is notify your company’s attorneys. You’ll want good legal advice as you navigate the process – a proven violation could cost millions in settlement fees or even see your company barred from federal work.
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