On May 6, 2020, OFCCP announced that its Ombuds Service is now available to the contractor community.  The agency initially announced its plan to create an Ombuds Service in the fall of 2018 as part of its overall initiative to increase efficiency and transparency.  In announcing the official launch, OFCCP stated the service “delivers an additional layer of certainty, efficiency, recognition, and transparency while preserving the typical principles of ombuds work.”  As described by OFCCP, “[t]he ombuds is an independent and neutral public official with the authority to both receive and informally address concerns and complaints about OFCCP policies, procedures, or actions.”

OFCCP has devoted an entire section of its website to the Ombuds Service.  On this dedicated website, stakeholders can find frequently asked questions regarding the Ombuds Service, the Ombuds Service Protocol, and an Ombuds Service Referral Form.

In this latest announcement, the agency states that the “architect and director of the program, Ombudsman Marcus Stergio welcomes referrals.”  The announcement also contains a link to Ombudsman Stergio’s contact information and asks stakeholders to “consider this an invitation to call or email him.”  The Ombuds Service website provides that “every effort is made to respond to inquiries within one business day.”

The Ombuds Service provides contractors with a forum to bring concerns about the agency and a process by which to address those concerns.  While the concept is commendable, time will tell whether the service will provide an effective method for contractors to raise and obtain resolution of legitimate concerns regarding their treatment by OFCCP.

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Photo of Guy Brenner Guy Brenner

Guy Brenner is a partner in the Labor & Employment Law Department and leads the Firm’s Washington, D.C. Labor & Employment practice. He is head of the Government Contractor Compliance Group, co-head of the Counseling, Training & Pay Equity Group and a member…

Guy Brenner is a partner in the Labor & Employment Law Department and leads the Firm’s Washington, D.C. Labor & Employment practice. He is head of the Government Contractor Compliance Group, co-head of the Counseling, Training & Pay Equity Group and a member of the Restrictive Covenants, Trade Secrets & Unfair Competition Group. He has extensive experience representing employers in both single-plaintiff and class action matters, as well as in arbitration proceedings. He also regularly assists federal government contractors with the many special employment-related compliance challenges they face.

Guy represents employers in all aspects of employment and labor litigation and counseling, with an emphasis on non-compete and trade secrets issues, medical and disability leave matters, employee/independent contractor classification issues, and the investigation and litigation of whistleblower claims. He assists employers in negotiating and drafting executive agreements and employee mobility agreements, including non-competition, non-solicit and non-disclosure agreements, and also conducts and supervises internal investigations. He also regularly advises clients on pay equity matters, including privileged pay equity analyses.

Guy advises federal government contractors and subcontractors all aspects of Office of Federal Contract Compliance Programs (OFCCP) regulations and requirements, including preparing affirmative action plans, responding to desk audits, and managing on-site audits.

Guy is a former clerk to Judge Colleen Kollar-Kotelly of the US District Court of the District of Columbia.