U.S. Department of Labor Seal

U.S. DEPARTMENT OF LABOR
Office of Federal Contract Compliance Programs

 

A Directive (DIR) is intended to provide guidance to OFCCP staff and/or federal contractors on enforcement and compliance policy or procedures. A DIR does not change the laws and/or regulations governing OFCCP’s programs and does not establish any legally enforceable rights or obligations. The contents of this document do not have the force and effect of law and are not meant to bind the public in any way. This document is intended only to provide clarity to the public regarding existing requirements under the law or agency policies.

Effective Date: April 17, 2020

  1. SUBJECT: Ombuds Service Supplement

  2. PURPOSE: To supplement Directive 2018-09 with additional programmatic details as outlined in the attached Ombuds Service Protocol.

  3. REFERENCES: This Directive (DIR) references the guidance listed below.
    1. DIR 2018-09, OFCCP Ombud Service (Sept. 19, 2018).
    2. Government Accountability Office, Strengthening Oversight Could Improve Federal Contractor Nondiscrimination Compliance, GAO–16–750, Sept. 22, 2016 at gao.gov/products/GAO-16-750 (last accessed March 27, 2020).

  4. AFFECTED POLICY: None

  5. BACKGROUND: On September 19, 2018, OFCCP issued Directive 2018-09. The purpose of the directive was to announce the implementation of an Ombuds Service to facilitate the fair and equitable resolution of specific types of concerns raised by OFCCP external stakeholders in coordination with regional and district offices. At that time, OFCCP set forth its goal of hiring an Ombuds to design, implement, and execute an Ombuds Service. To facilitate the public’s understanding of this compliance assistance resource, OFCCP has outlined the fundamental tenets of the Ombuds Service in the attached Protocol. The Protocol provides further clarification on several issues, including the expansion of the role of the Ombudsman, who will not conduct compliance evaluations, complaint investigations or participate in conciliation agreement negotiations, other than to provide neutral facilitation services. This directive and the attached Protocol are supplements to Directive 2018-09. The Ombuds Service Protocol can be amended, or a new protocol issued, without amending this Directive.

  6. ROLES AND RESPONSIBILITIES: See Directive 2018-09, OFCCP Ombud Service

  7. POLICY AND PROCEDURES: See attached Ombuds Service Protocol. To the extent there are any discrepancies between this directive and its attachment, and DIR 2018-09, this directive and its attachment shall apply.

  8. ATTACHMENTS: Ombuds Service Protocol.

 

SIGNATURE:

                                                      

/S/

CRAIG E. LEEN

Director

Office of Federal Contract Compliance Programs

Last updated on April 17, 2020