EEOC and OFCCP Closed Due to Government Shutdown. What Should You Do?

By Carla Pittman, Sr. Manager of Marketing, Berkshire Associates On Tuesday, October 1, up to one mi...



Posted by Lisa Farrell, Marketing Manager on October 2 2013
Lisa Farrell, Marketing Manager
By Carla Pittman, Sr. Manager of Marketing, Berkshire Associates

closedOn Tuesday, October 1, up to one million workers were put out of work as a result of a standoff between President Barack Obama and congressional Republicans over healthcare reform. Republicans in the House of Representatives demanded changes to the Affordable Care Act in exchange for essential federal funding. The spending bill excluded funding to implement the Affordable Care Act, and as a result, was rejected by a Democratic-controlled Senate. The stalemate ended in a partial government shutdown—closing non-essential government operations including museums, national parks, and Veteran's centers—events Americans have not seen in 17 years.

The Equal Employment Opportunity Commission (EEOC) is also closed, and will remain so until funds are appropriated. The EEOC has ceased non-essential functions, while continuing pre-authorized and excepted activities.

Below are EEOC activities that have stopped during the shutdown:

  • Staff will not be available to answer questions from the public, or to respond to correspondence from the public.

  • Charges will be filed in order to preserve the rights of a claimant during a shutdown, but these charges will not be investigated.

  • Insofar as the courts grant EEOC’s requests for extensions of time, EEOC will not litigate in the federal courts.

  • Mediations will be cancelled.

  • Federal sector hearings will be canceled, and federal employees’ appeals of discrimination complaints will not be decided.

  • Outreach and education events will be cancelled.

  • No Freedom of Information Action (FOIA) requests will be processed.

The EEOC expects to retain a staff of 107 personnel to assist with authorized activities, including the continued functions below:

  • Open and date-stamp all incoming mail, and determine whether submitted charge or inquiry must be processed in order to avoid expiration of the limitations period for filing

  • Assess charges to determine whether preliminary relief is required to protect the safety of life or property

The Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) was also affected by the shutdown. All non-essential functions were shutdown, and OFCCP has been declared “non-essential.” This means, with an absence of appropriations, OFCCP functions have ceased and desisted. This includes compliance reviews and investigations. No OFCCP employees will remain working during the shutdown. For matters regarding affirmative action compliance, please consider the following:

Submitting an Affirmative Action Plan for a Compliance Review:

  • If you have received an audit letter, and your submission date (30 days after the receipt of the letter) is during the shutdown, do not send your plan as there is no staff on duty, and no one to process the information.

  • Instead, email the Compliance Officer listed in your letter to document your situation.

  • Then, mail your plan the first chance you get after the office is opened and fully operating.

Affirmative Action Audit Post-Submission Requests:

  • If OFCCP requested additional information, consider sending your response through email.

  • If email is not an option, prepare your response and submit it to the officer immediately after the shutdown is over.

At this time, it is difficult to predict how long the shutdown will last. The longest was a 21-day dispute between President Clinton and the Republican House over budget deficit projections. In the meantime, if you need assistance with an affirmative action audit or general affirmative action planning, please contact Berkshire at 800.882.8904 or bai@berkshireassociates.com.You may also follow us on Twitter. #shutdown #govtshutdown

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