The jurisdiction of the Labor Department’s Office of Federal Contract Compliance Programs (OFCCP) over employers that contract with traditional federal executive branch agencies such as the Department of Defense or the Department of Energy generally is not a matter of dispute.
At the same time, some employers have been surprised to find that OFCCP will assert jurisdiction based on contractual relationships with what turn out to be wholly owned or mixed ownership “government corporations” rather than traditional executive branch agencies. Importantly, OFCCP’s regulations define “contracting agency” to include “wholly owned government corporation[s]” and other “instrumentalities” in the executive branch.
NT Lakis attorneys and non-attorney professionals have created a guide on how government corporations are defined. The guide provides a listing of entities that are defined as such, and offers some practical pointers to consider when deciding whether to challenge an OFCCP claim of jurisdiction. As with all of our guides, this guide is not intended to provide legal advice. Employers considering a challenge to an OFCCP scheduling letter on jurisdictional or AAP coverage grounds should consult with legal counsel prior to doing so.
Members of the Equal Employment Advisory Council (EEAC) can read more here.