[LAW-LIB:56848] Administrative Order No. ADM 93-1/JUR (Dec. 16, 1993) OFCCP, DOL, or ????

From: Brooks, Jill (JBrooks@rbh.com)
Date: Tue Sep 30 2008 - 14:52:43 PDT

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    I have searched on the OFCCP's site and have not been able to locate the
    administrative order referenced below. This paragraph was pulled from
    an Iowa bulletin and I have determined that it is not part of their
    administrative code either. Can anyone point me in the correct
    direction?
     
    Under Executive Order 11246, federal contractors who do over $10K in
    government business in one year, are prohibited from discriminating in
    employment decisions on the basis of race, color, religion, sex or
    national origin. Government contractors must take affirmative action to
    insure that equal opportunity is provided in all aspects of their
    employment. DOL, OFCCP, enforces Executive Order 11246. OFCCP requires
    a government contractor, as a condition of having a federal contract, to
    engage in self-analysis for the purpose of discovering any barriers to
    equal employment opportunity. Non-construction contractors with 50 or
    more employees and government contracts of $40K or more are required to
    develop and implement a written affirmative action program (AAP) for
    each establishment. The letters currently being sent out from OFCCP are
    compliance evaluations to determine if your facility has an AAP.

    The key issue then becomes: Are nursing facilities or home and
    community-based service providers covered under 11246? The answer is
    "no" most of the time. The long-standing position of OFCCP has always
    been that health care entities do not become federal contractors merely
    because they receive reimbursement for services to Medicare and Medicaid
    beneficiaries. See Administrative Order No. ADM 93-1/JUR (Dec. 16,
    1993). Accordingly, if the LTC provider does not have any federal
    contract or subcontract outside of an agreement providing for such
    reimbursement, it would not be subject to Executive Order 11246.
    However, if the provider has another contract or subcontract with a
    government agency other than Medicare or Medicaid, the provider would be
    required to maintain an affirmative action plan.
     
    Thanks so much - jill
     
    cessante ratione legis, cessat et ipse lex
    Jill L K Brooks
    Legal Librarian
    Robinson, Bradshaw & Hinson
    101 N. Tryon St, Suite 1900
    Charlotte, NC 28246
    * jbrooks@rbh.com <mailto:jbrooks@rbh.com>
    (Direct 704.377.8136
    (Office 704.377.2536
    6 704.339.3436
     
     
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