Right Tools Bolster Construction Contractors in OFCCP Audits

October 13, 2016

The Office of Federal Contract Compliance Programs (OFCCP) expanded its “mega construction project,” or MCP, program last month. MCPs are defined as projects with contract values worth more than $25 million that will last more than a year. The OFCCP expanded the MCP program in lieu of issuing a proposed rule to update its rules pertaining to construction contractors and subcontractors.

Under the current administration, the OFCCP has been focused on enforcing anti-discrimination laws when contractors hire new help. While OFCCP reports show only 3 percent of audited contractors were found to be in violation of discrimination laws in 2011, the audits do highlight the need for contractors and subcontractors to be more vigilant about keeping records documenting why a job applicant was or wasn't hired in part because failure to keep records is the most cited violation for which contractors can be fined.     

In Bloomberg.com's Daily Labor Report, attorneys Alissa A. Horvitz of Roffman Horvitz in McLean, Virginia and John Fox, an attorney with Fox, Wang & Morgan in San Jose, Calif., and a former OFCCP policy official present their opinions on why contractors should take anti-harassment obligations seriously and offer tips on how to be prepared for an audit. Both lawyers agree contractors face challenges given the nature of transient and seasonal hiring. Horvitz says subcontractors are especially vulnerable. Read the Bloomberg BNA Daily Labor Report Right Tools Bolster Construction Contractors in OFCCP Audits here.