6B01 Executive Order 11246 Allegations

OFCCP receives pre-complaint inquiries or accepts complaints alleging discrimination based on any of the protected bases listed in Executive Order 11246. OFCCP may refer or jointly investigate some of the complaints with the EEOC. The Executive Order 11246 regulation at 41 CFR 60-1.24(a) states that OFCCP may refer appropriate complaints to the EEOC for processing under Title VII, as amended. Pursuant to OFCCP’s MOU with EEOC, OFCCP will generally refer individual complaints alleging employment discrimination based on race, color, religion, sex, sexual orientation, gender identity, or national origin to the EEOC. (See OFCCP’s Memorandum of Understanding with the EEOC). Investigators should refer complaints alleging harassment or retaliation to the EEOC, unless the harassment or retaliation is related to a prior OFCCP pre-complaint inquiry, complaint or investigation.

OFCCP will retain individual complaints when they allege:

• Discrimination because applicants or employees have inquired about, discussed or disclosed their compensation or that of others;
• Discrimination based on a violation of Executive Order 11246 to avoid duplication and ensure effective law enforcement (e.g., when OFCCP is entering a CA with the same contractor to remedy violations found during a compliance evaluation); and
• Class or systemic discrimination on any basis protected by Executive Order 11246.

Whenever a complainant files a complaint of employment discrimination with OFCCP under Executive Order 11246 and the allegations in the complaint also fall within the jurisdiction of Title VII, the Title VII portion of the complaint is deemed dual filed with the EEOC. OFCCP acts as EEOC’s agent for the purposes of receiving, investigating and processing the Title VII component of dual filed complaints. OFCCP processes dual filed complaints in a manner consistent with Title VII principles of liability and relief. If a complainant alleges a violation of the equal opportunity clause, such as an affirmative action violation, OFCCP should follow the perfection process. The perfection process may include consultation with RSOL on resolving the matter through technical assistance or through a complaint investigation.