Government Contractor Compliance & Regulatory Update

Category Archives: Affirmative Action Plan (AAP)

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OFCCP Moves One Step Closer To AAP Verification

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

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

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

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

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

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

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

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

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

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

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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