Overview
FAR 22.808 establishes the mandatory procedures a contracting officer must follow when receiving allegations of Equal Employment Opportunity (EEO) violations under Executive Order 11246. It centralizes the investigative authority with the Office of Federal Contract Compliance Programs (OFCCP) while enforcing strict confidentiality.
Key Rules
- Immediate Referral: All complaints alleging violations of E.O. 11246 must be sent to the appropriate OFCCP regional office without delay.
- Complainant Notification: The contracting officer is required to notify the complainant in writing that their complaint has been referred to the OFCCP.
- Strict Confidentiality: The contracting officer is prohibited from disclosing any information to the contractor regarding the complaint, including the complainant's identity, the nature of the allegations, or the fact that a complaint was even filed.
Practical Implications
- No Investigative Authority: Contracting officers are not authorized to investigate EEO complaints themselves and must act purely as a conduit to the Department of Labor.
- Anti-Retaliation Protection: The prohibition against notifying the contractor is a critical safeguard intended to prevent employer retaliation and preserve the integrity of the OFCCP’s subsequent investigation.