Overview
This section outlines the hierarchy of authority and accountability for the administration and enforcement of Equal Employment Opportunity (EEO) requirements under Executive Order 11246.
Key Rules
- Secretary of Labor: Holds primary responsibility for administering and enforcing E.O. 11246, including the issuance of necessary rules, regulations, and orders.
- Delegation of Authority: Most operational responsibilities are delegated to the Deputy Assistant Secretary (specifically within the OFCCP), though the Secretary retains the authority to issue general regulations.
- Agency Head Accountability: The head of each federal agency is responsible for ensuring internal compliance with EEO subparts and must cooperate with and assist the OFCCP.
- Resolution of Disputes: If the applicability of E.O. 11246 is questioned, the Contracting Officer (CO) must refer the matter to the Deputy Assistant Secretary through agency channels rather than making a unilateral determination.
Practical Implications
- Enforcement Hierarchy: Contractors should understand that while the contracting agency monitors the contract, the Department of Labor (OFCCP) is the ultimate regulatory and enforcement authority for EEO compliance.
- Referral Process: In complex scenarios where a contractor believes they are exempt from EEO requirements, the resolution process involves a formal escalation to the Department of Labor, which may result in longer timelines for definitive guidance.