Beginning on April 15, 2025, the Office of Federal Contract Compliance Programs (“OFCCP”) will reinstate a monthly employment data reporting requirement for construction contractors, including details on the number of employees and work hours by race/ethnicity and gender. Per this requirement, federal construction contractors will need to submit a report using the reinstated CC-257 Report by the 15th of each month. The first report will cover the calendar month of March 2025 and is due April 15, 2025.
The report includes details on the number of employees and work hours by race/ethnicity and gender within each Standard Metropolitan Statistical Area (SMSA) or Economic Area (EA) each month. Compiling and preparing data in accordance with this reporting requirement each month may prove challenging for contractors with employees working on multiple projects, either within a SMSA/EA or across several areas. Contractors will also be required to include whether the work performed is designated by OFCCP as a Megaproject, whereby OFCCP plans to be involved with covered contractors and subcontractors at the outset of such Megaproject, including regular meetings between OFCCP, contractors, and other stakeholders. Other CC-257 Report requirements include the federal contractor’s or subcontractor’s name, registered address, Employer Identification Number (EIN), Unique Entity ID (UEI) or Data Universal Numbering System (DUNS) number, both of which OFCCP uses to identify entities doing business with the federal government, and a list of the federal agencies funding their projects.
Per the OFCCP’s FAQs, the OFCCP will use the monthly report to further its “mission of protecting workers in the construction trades, as employment discrimination continues to be a problem in the construction industry.” Failure to provide timely reports may result in a violation and may subject contractors to sanctions, and failure to submit may be used as a factor for scheduling contractors for compliance reviews.
Although it is not clear whether the Trump Administration will maintain this new requirement, construction contractors should review and update their compliance programs and data reporting capabilities as necessary.