Recent events have brought to OFCCP’s attention that there has been a difference in understanding between the Department of Labor and some entities affiliated with the TRICARE community as to who is a covered subcontractor under the laws we enforce. In light of that confusion, the agency has decided through the exercise of prosecutorial discretion to limit its enforcement activities of TRICARE subcontractors over the next five years.
Yesterday OFCCP posted on its website Directive 2014-01: TRICARE Subcontractor Enforcement Activities, http://www.dol.gov/ofccp/regs/compliance/directives/dir2014_01.htm which establishes a five-year moratorium on enforcement of obligations related to affirmative action programs and recordkeeping under Executive Order (E.O.) 11246, as amended, Section 503 of the Rehabilitation Act of 1973 (Section 503), as amended, and the Vietnam Era Veterans’ Readjustment Assistance Act of 1974 (VEVRAA), as amended. However, the moratorium does not apply to the investigation of complaints of discrimination under 41 CFR 60-1.24; 41 CFR 60-300.61 and 41 CFR 60-741.61. The moratorium directive is effective immediately and applies to all health-care entities that participate in TRICARE as subcontractors under a prime contract between the Department of Defense (DoD) TRICARE Management Activity and one of the prime managed-care contractors.
During the moratorium period, OFCCP staff will engage in outreach and technical assistance to provide greater clarity to the TRICARE subcontractor community about their obligations to prohibit discrimination and take affirmative action to improve employment opportunities for qualified women, minorities, people with disabilities and protected groups of veterans. In addition, we will continue to work with other federal agencies to clarify the coverage of health care providers under the laws we enforce.
If you are a subcontractor under the TRICARE program, please e-mail us at OFCCP-Public@dol.gov to ensure that you receive notifications about technical assistance and training events. In addition, you are encouraged to visit OFCCP’s website at www.dol.gov/ofccp for additional information about our agency, the laws we enforce, technical assistance programs and upcoming events.
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