How does the OFCCP and the MDHR enforce or police contractors’ compliance?
Minneapolis, MN business litigation attorney, Ryan Olson, talks about how the OFCCP and MDHR are able to enforce contractors’ compliance.
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Well, the OFCCP does so through their auditing process and it varies as to how a federal contractor or subcontract would be selected for an AUT. But once they are selected for an AUT that AUT can consist of basically three main phases. The first phase the desk AUT phase where the OFCCP requests information, reviews the information and sometimes if they information all checks out and is appropriate then they’ll close the AUT. If that doesn’t happen, there’s an onsite evaluation or inspection that’s conducted by the OFCCP. And then, after that onsite inspection there’s some offsite analysis that’s conducted.
But so the OFCCP really focuses on enforcing the federal contractor and subcontractor obligations through that AUT process. In Minnesota with respect to a state contractor, it’s a bit different because state contractors actually have to submit their Affirmative Action program up front and receive a certificate of compliance. And so at that point, in time, the Minnesota Department of Human Rights evaluates a state contractors or soon to be state contractors Affirmative Action program.
And then, actually on a yearly basis each state contractor has to submit annual compliance packet, which provides the Minnesota of Human Rights with certain information, allows them to kind of assess the program on a yearly basis.
And then, finally, another way in which the Minnesota Department of Human Rights polices a state contractors obligations is that they too can engage and start an AUT. And that’s a more recent and late 2015 they started an AUT process, which is similar to the OFCCP but yet different in that they request some different information.