Q: What penalties do we face if we do not comply with Affirmative Action?
A: The OFCCP does not impose monetary penalties for non-compliance. However, non-compliance, or less than full compliance, can lead to burdensome and risky onsite compliance reviews, which can also lead to allegations of discrimination and monetary remedies in conciliation or litigation.
While technical violations are often perceived by some contractors as inconsequential, technical violations can lead to significant and burdensome additional reporting and data collection requirements in conciliation. Perhaps most significantly, if a contractor fails to adequately collect and analyze personnel activity data, the contractor may be unaware of, and unable to defend, allegedly discriminatory practices which may lead to monetary remedies in the conciliation process, which might have been avoided.