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OFCCP Issues Flurry of New Directives for Contractors

Executive Summary: Over the last two months, the Department of Labor’s (DOL) Office of Federal Contract and Compliance Programs (OFCCP) issued seven new directives under the OFCCP’s Acting Director and Deputy Director, Craig Leen. The following is a brief overview of the most important directives:

OFCCP Seeking Comment on Contractor Disability Inclusion Recognition Program

Appearing in today’s federal register is OFCCP’s request for comment on the proposed structure and details of the agency’s new Excellence in Disability Inclusion Award. The award

OFCCP and National Industry Liaison Group Enter into Memorandum of Understanding

In continued commitment to restoring the Agency’s relationship with the contractor community, OFCCP recently announced it has entered into a three-year Memorandum of Understanding (“MOU”) with the National Industry Liaison Group (“NILG”) in order to foster collaboration between the federal contractor community and OFCCP.

OFCCP Announces Ombud Service

On September 19, 2018, the Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) issued a new directive, 2018-09, announcing a plan to implement an Ombud Service in the national office to resolve certain types of concerns contractors face.

More Transparency and Communication Promises From OFCCP

The Office of Federal Contract Compliance Programs (OFCCP) issued two more directives on September 18, 2018, promising transparency and communication with contractors.

OFCCP Makes CSAL List Supplement Publicly Available

Wondering whether your organization has been selected for an upcoming audit as part of OFCCP’s recent Corporate Scheduling Announcement Letter (CSAL) list supplement? Well, wonder no more. OFCCP has made publicly available its most recent CSAL supplement as well as the two previous CSAL lists (2017 and 2018).

Breaking News: OFCCP Releases Compliance Transparency and Ombud Service Directives

There is no rest for the weary at OFCCP. Continuing the steady flow of Directives and proposals as well as audits coming out of Washington D.C., the Agency has released two additional directives in furtherance of the Administration’s commitment to transparency and certainty.

OFCCP’s Proposed Directive Encourages Contractors to Consider FAAPs as an Alternative to Establishment-Based AAPs

On September 11, 2018, the Office of Federal Contract Compliance Programs (OFCCP) published a notice in the Federal Register and a draft of a revised directive to “establish policies and procedures for requesting and maintaining FAAP Agreements.” The revised directive and notice suggest that OFCCP is seeking to increase functional affirmative action program (FAAP) participation. In fact, OFCCP has stated that FAAPs may offer a solution for today’s workforce and “encourages all contractors who need to develop an affirmative action program (AAP) to consider using a FAAP.” But contractors may want to carefully consider whether a FAAP agreement with OFCCP is right for them.

A More Modern Approach to OFCCP's Functional Affirmative Action Programs?

Generally, federal contractors must develop a written affirmative action program for every physical location with 50 or more employees. Recognizing that the workforce is not always tied to an establishment, the Office of Federal Contract Compliance Programs (OFCCP) adopted regulations almost 20 years ago that permit contractors to adopt a Functional Affirmative Action Program (FAAP) based on functional operations instead of the establishments where employees are physically located. Contractors with clear functions or lines of business find that FAAPs make it easier to organize and analyze data, identify issues, establish clear lines of responsibility for implementing their affirmative action programs, and monitor progress towards goals. OFCCP recently issued a directive—which is open to public comment—revising its policies and procedures for requesting and maintaining FAAP agreements.

2018 VETS-4212 Filings—More Same Than Different

After all the excitement over the 2018 EEO-1 filings—including the on-and-off-again inclusion of compensation data—the U.S. Department of Labor’s Veterans’ Employment and Training Service (VETS) requirements for filing the 2018 VETS-4212 report are largely consistent with prior year filings. The major change for 2018 is that all filers are now allowed to choose December 31, 2017, as the ending date for employee snapshot data. This change has allowed many government contractors to consolidate their data by pulling to a single date, thereby eliminating extra work and expense. Contractors that are not using the December 31, 2017, snapshot date, will need to select a payroll period ending within the time period of July 1 to August 31, 2018.