The Equal Opportunity (EO) Contractor Compliance Program (EOCCP) is responsible for ensuring that prime contractors and subcontractors performing work on NCDOT's Federal-aid highway construction projects comply with the nondiscrimination and affirmative action requirements outlined in the FHWA-1273 Required Contract Provisions. The EOCCP assures this through three key activities:
- Conducting EO compliance reviews of primes and subcontractors;
- Facilitating training in a variety of formats, and;
- Providing technical assistance to contractors and NCDOT staff.
Section II, Nondiscrimination of the FHWA-1273 outlines a contractor's minimum Equal Employment Opportunity (EEO) requirements, with the intent of ensuring the full participation of minorities and women in a contractor's workforce. These EEO provisions apply to
all Federal-aid highway construction contracts of $10,000 or more, regardless of tier, and all employment practices (e.g., recruiting, hiring and firing, training, promoting, compensation and benefits, selection and retention of subcontractors).
To comply, Federal-aid contractors must have a
documented EEO Program that includes the following:
- An EEO Policy Statement
- Designation of an EEO Officer
- Records of EEO-related meetings
- Required Posters and Other Disseminated Materials
- A Direct and Systematic Recruitment Process
- Evaluations of Wages and Personnel Actions
- Training and Promotions that reflect Equal Opportunity
- Reasonable Accommodations for Disabled Applicants and Employees
- Monitoring Subcontractors' Compliance with EO/EEO
- Affording EO/EEO to Disadvantaged Business Enterprises (DBE) irrespective of Project DBE Goals
- Maintaining EEO-related Records and Reports
- Maintaining Nonsegregated Facilities (Section III of the FHWA-1273)
Annual 1391 Reporting
Contractors on Federal-aid projects must submit an Annual EEO Report (FHWA Form 1391) each July for the duration of the project, indicating the number of minority, women, and non-minority group employees currently engaged in each work classification and training program required by the contract. This information is to be reported for all active Federal-aid construction projects. Appropriate sanctions may be enforced for contractors failing to report, such as withholding of progress payments.
WHO HAS TO REPORT?
- All prime contractors and subcontractors with Federal-aid contracts of $10,000 or more.
- Subcontractors are required to submit their reports to the prime contractors.
PERIOD TO REPORT
- The last full payroll period ending in July. Do not report any other payroll period in the month of July. A full payroll period is seven (7) days.
- If the federal contract is active during this payroll period but no work was performed, contractors must submit a 1391 Report indicating "NO ACTIVITY".
- If the prime contractor works during the month of July the prime and all subcontractors must file FHWA Form 1391.
Click here to get started on completing your FHWA 1391 Form, find detailed instructions, or access our FAQ list.
Contractors requiring assistance with their EEO obligations or help setting up a satisfactory EEO Program should contact the following: