Federal Contractor Compliance Advisor

Basic Requirements Under Executive Order 11246

Incorporation of EEO clause into nonexempt, Federal nonconstruction and construction contracts and subcontracts (41 CFR Sec. 60-1.4(a))

Incorporation of EEO clause into nonexempt federally assisted construction contracts and subcontracts (41 CFR Sec. 60-1.4(b))

Incorporation of EEO clause into all nonexempt construction and federally assisted construction contracts and subcontracts (in addition to the clause in 41 CFR Sec. 60-1.4, go to 41 CFR Sec. 60-4.3)

EE0-1 report (41 CFR Sec. 60-1.7(a))

WHO MUST FILE -- OFCCP regulations require that each prime contractor and subcontractor file the Standard Form 100 (EEO-1) in accordance with 41 CFR Sec. 60-1.7(a), if the contractor/subcontractor:

1. is not exempt from the provisions of 41 CFR Chapter 60;
2. has 50 or more employees;
3. is a prime contractor or first tier subcontractor; and
4. 1. has a contract, subcontract or purchase order amounting to $50,000.00 or more;
   2. serves as a depository of Government funds in any amount
   3. is a financial institution which is an issuing and paying agent for U.S. savings bonds and savings notes.

However, any subcontractor below the first tier that performs construction work below the first tier at the site of construction is required to file the EEO-1 report in accordance with 41 CFR Sec. 60-1.7(a) if it meets the requirements of items (1), (2) and (4) listed above.

Requirements of bidders and prospective contractors (41 CFR Sec. 60-1.7(b))

Segregated facilities (41 CFR Sec. 60-1.8)

Compliance by labor unions and by recruiting and training agencies (41 CFR Sec. 60-1.9)

Foreign government practices (41 CFR Sec. 60-1.10)

Payment or reimbursement of membership fees and other expenses to private clubs (41 CFR Sec. 60-1.11)

Record retention (41 CFR Sec. 60-1.12)

Special note for contractors with fewer than 150 employees or a Federal contract of less than $150,000.00: Generally, any personnel or employment record made or kept by the contractor shall be preserved by the contractor for a period of not less than two years from the date of the making of the record or the personnel action involved, whichever occurs later. However, if the contractor has fewer than 150 employees or does not have a Government contract of at least $150,000.00, the minimum record retention period shall be one year from the date of the making of the record or the personnel action involved, whichever is later.

Solicitations or advertisement for employees (41 CFR Sec. 60-1.41)

Posting of notices (41 CFR Sec. 60-1.42)

Access to records and site of employment (41 CFR Sec. 60-1.43)

Uniform guidelines on employee selection procedures (41 CFR Part 60-3)

Special note for contractors with fewer than 100 employees: Employers who employ 100 or fewer employees, and other users who are not required to file EEO-1 reports may satisfy the recordkeeping requirements of 41 CFR 60-3.15 if they maintain and have available records showing, for each year: (a) the number of persons hired, promoted and terminated for each job, by sex, and where appropriate by race and national origin; (b) the number of applicants for hire and promotion by sex and where appropriate by race and national origin; and (c) the selection process utilized (either standardized or not standardized).

Sex discrimination guidelines (41 CFR Part 60-20)

Guidelines on discrimination because of religion or national origin (41 CFR Part 60-50)