22.808
Complaints
Complaints about E.O. 11246 violations must be immediately referred to OFCCP, with strict confidentiality maintained for the complainant.
Overview
FAR 22.808 outlines the procedures contracting officers must follow when they receive complaints alleging violations of Executive Order 11246, which mandates equal employment opportunity. The section requires immediate referral of such complaints to the appropriate Office of Federal Contract Compliance Programs (OFCCP) regional office. It also establishes strict confidentiality requirements to protect the identity of the complainant and the details of the complaint from the contractor involved.
Key Rules
- Immediate Referral to OFCCP
- Any complaint alleging a violation of E.O. 11246 must be sent without delay to the OFCCP regional office.
- Written Notification to Complainant
- The complainant must be informed in writing that their complaint has been referred to the OFCCP.
- Confidentiality of Complaint
- The contractor must not be informed of the complainant’s identity, the nature of the complaint, or even that a complaint has been received.
Responsibilities
- Contracting Officers: Must promptly refer complaints to OFCCP, notify the complainant in writing, and maintain strict confidentiality regarding the complaint.
- Contractors: No direct compliance action required, but must comply with E.O. 11246 requirements generally.
- Agencies: Ensure contracting officers follow these procedures and maintain confidentiality.
Practical Implications
- This section ensures a standardized, confidential process for handling E.O. 11246 complaints, protecting complainants from retaliation and ensuring proper investigation by OFCCP. Failure to follow these procedures can result in mishandling of sensitive information and potential legal or administrative consequences for the agency.