In a step toward implementation of OFCCP’s Affirmative Action Program (“AAP”) Verification Initiative, the Office of Management and Budget (OMB) approved an Affirmative Action Program Verification Interface (AAP-VI) that OFCCP developed for federal contractors to submit AAPs.

Although the verification program has not yet launched, and details are scarce, the OFCCP already has an AAP-VI website which promises the program is “Coming Soon” and explains that “Affirmative Action Program Verification Interface (AAP-VI) is a secure web based interface created to improve communication and the transfer of Affirmative Action Program data, between Federal Contractors and the Office of Federal Contract Compliance Programs.”

As previously reported, in furtherance of Directive 2018-07, on September 14, 2020, OFCCP published a notice soliciting comments concerning its proposal to obtain approval from the OMB to implement the AAP-VI.  The notice stated the AAP-VI would be used to assist with a yet-to-be-established AAP online certification process for federal contractors and provide a secure method for federal contractors to submit AAPs electronically to OFCCP when they are scheduled for a compliance evaluation.

Presently, federal contractors are only required to submit their AAPs via mail or email and are not required to certify annually to the OFCCP that their AAPs are compliant.  According to the OFCCP AAP-VI Federal Contractor User Guide, “[t]he AAP-VI system will be the primary source for entering, tracking and submitting [] Affirmative Action Programs for review by OFCCP.  AAP-VI will provide federal contractors a system to submit their Programs in a more efficient manner and provide visibility and reporting capabilities of the data submitted by the Programs.”

We are still awaiting further details from the OFCCP, we will continue to closely monitor and report on new developments.  In the meantime, additional information can be found in OFCCP’s AAP-VI Administrative Guide and OFCCP’s AAP-VI Federal Contractor User Guide.  Further, contractors should be getting ready for the launch of the verification interface by making sure their AAPs are prepared and ready for “prime time,” including ensuring they meet all of OFCCP’s requirements.

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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.

Photo of Ariel Brotman Ariel Brotman

Ariel Brotman is an associate in the Labor & Employment Department and a member of the Employment Litigation & Arbitration Group. She represents employers in all aspects of employment litigation, including wage and hour, wrongful termination, discrimination, harassment, retaliation, whistleblower, trade secrets, and…

Ariel Brotman is an associate in the Labor & Employment Department and a member of the Employment Litigation & Arbitration Group. She represents employers in all aspects of employment litigation, including wage and hour, wrongful termination, discrimination, harassment, retaliation, whistleblower, trade secrets, and breach of contract litigation, in both the single-plaintiff and class-action context. She also counsels employers on a diverse range of workplace issues.

Ariel earned her J.D. from USC Gould School of Law, where she was a member of the Southern California Interdisciplinary Law Journal. During law school, she was also a clinical student in the University of Southern California Immigration Clinic. In addition, she served as a judicial extern to the Honorable Robert N. Kwan in the United States Bankruptcy Court, Central District of California.