Government Contractor Compliance & Regulatory Update

Category Archives: Affirmative Action Plan (AAP)

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OFCCP Announces Contractor Portal Will Open For AAP Certification On March 31, 2023

By Guy Brenner and Olympia Karageorgiou on Posted in Affirmative Action, Affirmative Action Plan (AAP), Federal Contractors
On March 20, 2023, OFCCP announced its Contractor Portal will open to receive Affirmative Action Program (“AAP”) certification submissions on March 31, 2023.  Certifications must be made by June 29, 2023. OFCCP launched the Contractor Portal last year and required federal contractors and subcontractors to certify whether they have developed and maintained their required AAPs. … Continue Reading

Attention Contractors: The AAP Certification Deadline is Almost Here

By Guy Brenner on Posted in Affirmative Action Plan (AAP)
As previously reported, the OFCCP has established a Contractor Portal where federal government contractors can register and certify they have developed and maintained affirmative action programs at each of their establishments or functional units.  Those who do not register and certify are more likely to be selected for audit. The deadline to register and submit … Continue Reading

OFCCP Moves One Step Closer To AAP Verification

By Guy Brenner and Ariel Brotman on Posted in Affirmative Action Plan (AAP), Federal Contractors, OFCCP
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 … Continue Reading

New Census Data Available for Development of AAPs

By Guy Brenner and Megan Childs on Posted in Affirmative Action Plan (AAP), Census Bureau, Federal Contractors, OFCCP
On September 3, 2021, OFCCP issued a notice requiring federal contractors to use the recently released 2014-2018 Equal Employment Opportunity Tabulation (“2018 EEO Tab”) to develop any Affirmative Action Programs (“AAPs”) that commence on or after January 1, 2022. The 2018 EEO Tab was released earlier this year by the U.S. Census Bureau. It replaces … Continue Reading

OFCCP Takes Next Step In Establishing An Annual AAP Certification Program

By Guy Brenner and Caroline Guensberg on Posted in Affirmative Action Plan (AAP), OFCCP
On September 14, 2020, the Federal Register published an information collection request (“ICR”) by the OFCCP in which the agency discloses that it “seeks authorization for an annual Affirmative Action Program online certification process for federal contractors and for a secure method for federal contractors to submit AAPs electronically to OFCCP when they are scheduled … Continue Reading

OFCCP Proposes New FAAP Directive

By Guy Brenner and Alex Weinstein on Posted in Affirmative Action Plan (AAP), OFCCP
The Office of Federal Contractor Compliance Programs (“OFCCP”) is seeking approval to change its Functional Affirmative Action Program  (“FAAP”) requirements. The proposed directive, for which comments are due by November 13, 2018, proposes sweeping changes to the current FAAP directive, with the stated aim of encouraging contractors to use FAAPs.… Continue Reading

OFCCP Issues Compliance Relief to Federal Contractors in Wake of Devastating Hurricanes

By Connie Bertram and Alex Weinstein on Posted in Affirmative Action Plan (AAP), Federal Contractors, OFCCP
In the wake of the devastating series of hurricanes throughout the United States, the Office of Federal Contractor Compliance Programs (“OFCCP”) has provided compliance exemptions to federal contractors providing hurricane relief.  OFCCP has issued three National Interest Exemptions:  one for Hurricane Harvey; one for Hurricane Irma; and one for Hurricane Maria. The notices provide contractors … Continue Reading

OMB Approves Revised Directive Regarding Functional Affirmative Action Programs

By Alex Weinstein and Connie Bertram on Posted in Affirmative Action Plan (AAP), OFCCP
On April 28, 2016, the U.S. Office of Management and Budget (“OMB”) approved the Depart of Labor’s revised directive regarding Functional Affirmative Action Programs (“FAAP”).  The revised directive amends the procedures for applying for a FAAP and clarifies the obligations that apply to contractors with approved FAAP Agreements.  The revised directive replaces the prior directive … Continue Reading

OFCCP Updates FAQs On Section 503 And Veterans’ Regulations

By Daniel Davis on Posted in Affirmative Action, Affirmative Action Plan (AAP), Department of Labor, Disability, Discrimination, Employment Law, OFCCP, Veterans
OFCCP recently updated its Frequently Asked Questions (“FAQs”) on the implementation of the Vietnam Era Veterans’ Readjustment Assistance Act (“VEVRAA”) and Section 503 of the Rehabilitation Act final rules.  The most recent FAQs address questions regarding the availability of the “EEO is the Law” poster, the ability to use human resource information systems as the … Continue Reading

OFCCP Publishes FAQs Addressing Implementation of the New VEVRAA and Section 503 Final Rules

By Connie Bertram on Posted in Affirmative Action Plan (AAP), Department of Labor, Employment Law, OFCCP
On December 17, 2013, the Department of Labor’s Office of Federal Contract Compliance Programs (“OFCCP”) published additional Frequently Asked Questions (“FAQs”) on the implementation of the Vietnam Era Veterans’ Readjustment Assistance Act (“VEVRAA”) and Section 503 of the Rehabilitation Act final rules. As discussed in prior Government Contractor Compliance & Regulatory Update posts on August 27, … Continue Reading

OFCCP Rules Published in Federal Register with Effective Date of March 24, 2014

By Daniel Davis on Posted in Affirmative Action Plan (AAP), Disability, OFCCP
Today, the OFCCP’s new regulations interpreting Section 503 and VEVRAA were published in the Federal Register.  The rules can be found here and here.  Publication in the Federal Register sets the effective date for the rules as March 24, 2014.  As previously discussed, contractors should start planning the implementation of the compliance requirements imposed by … Continue Reading

Research Confirms OFCCP Compensation Settlements and Conciliations on the Rise

By Proskauer Rose on Posted in Affirmative Action Plan (AAP), Department of Labor, OFCCP
Research published by the Center for Corporate Equality (CCE), a Washington, D.C. research organization, reveals that the number of OFCCP audits resulting in a conciliation agreement has risen sharply under the Obama administration. CCE compiled information from the Labor Department’s enforcement database as well as documents obtained through Freedom of Information.  Their research revealed that, … Continue Reading

OFCCP Sets Deadline for Implementation of 2010 Census Data

By Proskauer Rose on Posted in Affirmative Action Plan (AAP), Department of Labor, OFCCP
On May 15, 2013, the Office of Federal Contract Compliance Programs (“OFCCP”) announced that covered federal contractors will have until January 1, 2014 to start using  2010 Census data for determining availability when preparing annual affirmative action plans.  Contractors may continue to use the “old” census data (the Census 2000 Special EEO File) for plan … Continue Reading
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