Legal Alert: Potential New OFCCP Affirmative Action Requirements for Health Care Providers


The United States Department of Labor’s Office of Federal Contract Compliance Programs (“OFCCP”), the federal government’s affirmative action enforcement agency, has long sought to expand its jurisdiction to health care providers. The OFCCP requires federal government contractors and subcontractors to develop and maintain workforce affirmative action plans. For nearly 25 years, many health care providers avoided affirmative action obligations by relying on a court ruling that Medicare and Medicaid reimbursements did not trigger coverage. The OFCCP has had recent success extending coverage in two cases in Pennsylvania and Florida that focused on the evolution of contractual relationships for health care services. While those cases are being appealed, the OFCCP has issued a directive signaling its intent to enforce affirmative action regulations against more health care providers.

Read the full alert.