As we previously reported, the OFCCP received approval and has launched a “Contractor Portal” which will be used to, among other things, have non-construction contractors annually certify compliance with their affirmative action program (“AAP”) obligations. On February 1, 2022, the Contractor Portal went live. In a bulletin issued on the same day, the OFCCP “strongly encouraged” contractors to register with the portal by March 30, 2022 “to avoid any delays with certification.” Although contractors may register with the portal now, they will only be able to certify compliance beginning March 31, 2022. Certifications are due June 30, 2022. Contractors who do not register and certify by the deadline are more likely to be selected for compliance evaluations, but contractors who do certify may still be selected for audits.
The OFCCP also posted a user guide to help contractors register with the portal, and updated its FAQs about the portal. The new FAQs primarily add questions and answers concerning technical issues related to the registration process.
On February 1, 2022, OFCCP held a webinar explaining the registration process and answering some questions. Although most of the questions were focused on the registration process itself, OFCCP did answer some questions about AAP certification. For example, OFCCP clarified contractors will be required to certify whether, at the time of certification, they have developed and maintained an AAP for each establishment or functional unit. Accordingly, for contractors with AAP years that start during the window in which they can certify AAP compliance (i.e., between March 31, 2022 – June 30, 2022), they have some latitude as to whether to certify compliance when their 2021-2022 plan is in effect, or to wait until their 2022-2023 plan is created. For example, if a contractor has an AAP year that begins June 1, 2022, they can certify compliance in late May relying on their plan that runs from June 1, 2021 to May 30, 2022.
Contractors planning to register should begin to get familiar with the portal. It should be pre-populated with data from their 2018 EEO-1 reports, so contractors may need to update the establishments listed. Contractors will also need to ensure the proper personnel are credentialed to access the portal.
OFCCP plans to host another webinar on March 31, 2022, addressing the certification process.
We will continue to update contractors on developments related to the Contractor Portal and other OFCCP initiatives.