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OFCCP Reverts To Prior Enforcement Methods with New Audit Directive Rescinding Prior Transparency, Certainty Directives

OFCCP’s second Directive under the leadership of Director Jenny Yang addresses audit practices and rescinding four Directives issued by former OFCCP Director, Craig Leen. This Directive comes on the heels of another new...more

BREAKING NEWS: OFCCP Releases New Directive Setting Expectations of Contractors During Compliance Reviews

Directive 2022-02: Effective Compliance Evaluations and Enforcement issued March 31, 2022 is intended to "strengthen OFCCP compliance evaluations and reduce delay by promoting the timely exchange of information... ...more

It’s Live: OFCCP Contractor Portal Opens for Contractor Registration (But Not Certification)

It’s here! As we’ve been discussing, the Agency announced today during a live webinar the opening of the Contractor Portal, which will be used for AAP certification, as well as submission of data and documents during...more

OFCCP Unveils Upcoming Regulatory Plans in Recently Released Fall 2021 Agenda

The U.S. Department of Labor, including OFCCP, recently issued its Fall 2021 Regulatory Agenda, which identifies the regulatory goals the Agency would like to achieve during the fiscal year and beyond. While OFCCP may not...more

OFCCP Officially Launches Contractor Affirmative Action Verification Interface (AAPVI) Portal

As anticipated, OFCCP has published additional information, including an implementation timeline, for its Affirmative Action Verification Interface (AAPVI) Portal. OFCCP provided the following timeline in its communication...more

Updated Census Data Ready For Use For January 1, 2022 AAPs And Beyond

On the eve of the Labor Day weekend, OFCCP notified federal contractors of the availability of updated census data for use in determining the AAP availability of women and minorities: Equal Employment Opportunity Tabulation...more

OFCCP Doubles-Down On Commitment To Review Construction Contractor Compliance With New CSAL

September is starting off in a hurry with a flurry of activity from OFCCP. In addition to notices involving pay data and AAP verification, OFCCP also issued a new federal construction contractor Courtesy Scheduling...more

OFCCP Moves Forward Towards AAP Verification

Among the many “hot” topics for federal contractors, OFCCP’s intention for AAP verification and/or certification ranks among the top. In September 2020, OFCCP published a notice seeking comment on the possibility of an...more

OFCCP Director Jenny Yang Addresses 2021 ILG National Conference

Hello and Welcome from the Opening Day of the 2021 Industry Liaison Group (ILG) National Conference. After a year hiatus, the 2021 ILG National Conference officially kicked off today from Nashville, TN. Offering access...more

OFCCP Extends Comment Deadline For Annual AAP Certification Proposal

OFCCP has published a notice in the Federal Register extending the public comment period on its proposal to require federal contractors to submit an annual certification of their AAP compliance. The new comment deadline is...more

OFCCP Publishes Small Contractor Technical Assistance Guide

Rounding out the Agency’s efforts to beef up its Technical Assistance Guides (TAGs) for different types of federal contractors, OFCCP recently published a “Small Contractor” TAG. TAGs can be helpful resources for both new and...more

OFCCP Publishes Updated Supply & Service Technical Assistance Guide

As we noted in our August 2019 post, one of OFCCP Director Craig Leen’s priorities has been to update the Agency’s website with assistance materials for contractors – including Technical Assistance Guides (TAGs). OFCCP...more

OFCCP Seeks Approval For Online AAP Certification – “Affirmative Action Program Verification Interface”

As reported in today’s Federal Register, OFCCP is seeking regulatory authority to: •Require federal contractors to annually certify they have prepared AAPs via an online interface; and, •Institute “a secure method” to...more

OFCCP Streamlines FAAP Approval Process During COVID-19 Pandemic

Consistent with its efforts to encourage federal contractors to consider functional affirmative action plans (FAAPs) as an alternative to establishment AAPs, OFCCP last week issued a bulletin stating it is open for FAAP...more

OFCCP Grants Exemption And Waiver For New Coronavirus Relief Contracts

In a Memorandum issued this week, OFCCP has granted a three-month, national interest exemption and waiver from AAP obligations for new federal contracts “entered into specifically to provide Coronavirus relief.” In...more

OFCCP Announces “Town Hall Action Plan” To Address Themes From 2019 Town Halls

As part of its overarching effort to provide federal contractors with better compliance assistance, OFCCP announced this week its Town Hall Action Plan, intended to address issues raised by federal contractors during the...more

OFCCP Creates New Online “School” For Federal Contractors

As of February 21 , federal contractors have a new tool for understanding a variety of compliance obligations enforced by the Office of Federal Contract Compliance Programs (“OFCCP”). The Agency has launched a Contractor...more

A Guide To Labor And Employment Obligations For Federal Contractors

Companies doing business with the federal government must comply with a litany of complex laws and regulations that affect their day-to-day business operations. To assist government contractors, this guide discusses some of...more

Diving Into OFCCP’s Construction Contractor Technical Assistance Guide

The recently updated Construction Contractors Technical Assistance Guide (“TAG”) provides construction contractors substantial guidance in understanding their AAP obligations and how to fulfill those obligations. Helpfully,...more

OFCCP Proposes Codification Of Procedures For Addressing Alleged Discrimination And Defines Statistical Thresholds

OFCCP has published a Notice of Proposed Rulemaking (NPRM or Proposed Rule) proposing to codify procedures the agency uses to resolve potential violations of the affirmative action laws the agency enforces. If approved, the...more

Details About OFCCP’s Technical Assistance Guide For Educational Institutions

The Technical Assistance Guide for Educational Institutions (the “Guide”) OFCCP released recently is largely a review of existing standards and regulations, but it also includes suggested best practices and concrete guidance...more

OFCCP Releases Technical Assistance Guide For Educational Institutions

As previewed a while ago on the Agency’s Technical Assistance website, OFCCP has released a Technical Assistance Guide for Educational Institutions. The 80-page guide contains- An overview of the equal employment...more

OFCCP Seeks To Tweak Disability Self-Identification Form

At a time when the Agency has begun embarking on Section 503 Focused Reviews, OFCCP continues work to prevent discrimination for individuals with disabilities. Last week, as national disability awareness month began, OFCCP...more

GAO Assesses OFCCP Progress, Agency’s Impending Request To Collect Contractors’ Annual AAPs

Since the Government Accountability Office (GAO) issued its Recommendations to Strengthen the Office of Federal Contract Compliance Programs’ Oversight of Federal Contractors’ Nondiscrimination Compliance in July 2016, OFCCP...more

OFCCP Releases FAQs For Campus-Type Environments

Avid readers have seen that OFCCP has been busy this summer. In August alone, the Agency attended the 2019 ILG National Conference in Milwaukee, issued FAQs on student workers, proposed a new rule regarding religious...more

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