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Friday, September 11, 2026

OFCCP’s Focus on Construction Contractors Increasing - Jackson Lewis

The federal government’s focus on the construction industry is growing as more construction companies benefit from the Infrastructure Investment and Jobs Act (IIJA). The IIJA was signed into law by President Joe Biden on Nov. 15, 2021, and is funneling millions of dollars into infrastructure improvement projects.

Now, the government is increasing focus on the companies receiving the benefit of those federal dollars, and the Office of Federal Contract Compliance Programs (OFCCP) is increasing the number of construction contractors it audits.

The construction industry should monitor OFCCP’s regulatory requirements for construction contractors, the new Mega Project Program (which may mean big changes for contractors), and OFCCP’s June 2023 audit list, among other developments.

OFCCP Requirements

OFCCP’s affirmative action requirements for construction contractors have been in place for decades. Construction contractors must comply with the agency’s “Sixteen Affirmative Action Steps,” a list of mandatory actions found in OFCCP’s regulations and the Construction Contractors Technical Assistance Guide. The 16 steps include requirements related to five major categories:

  1. Recruitment practices;
  2. Training;
  3. Implementation of the equal employment opportunity policy;
  4. Analyzing personnel activity; and
  5. Solicitations/contracts with subcontractors.

Construction contractors are to pursue participation goals established for women and minorities on construction sites. OFCCP sets the...



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