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OFCCP Issues New Directive to Advance Enforcement of Its Equal Employment Opportunity Laws

The Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) issued a new directive to promote efficient enforcement of the equal employment opportunity laws it applies to federal contractors. The new directive entitled, Effective Compliance Evaluations and Enforcement (DIR 2022-02) provides updated guidance on agency compliance evaluation policies and expectation for federal contractors and subcontractors.

Specifically, the directive explains updated agency policies regarding the scheduling of contractors for compliance evaluations, including enhancing the agency’s scheduling procedures to audit a broader universe of federal contractors and subcontractors, and eliminating delays in scheduling audits. The directive also describes contractors’ obligations regarding timely submission of Affirmative Action Programs (AAPs) and support data, supplemental information, and access to employees, applicants, and other witnesses.

Finally, the directive also makes clear that when covered contractors use OFCCP’s Contractor Portal to annually certify compliance with their AAP obligations, contractors are also certifying that they have developed and maintained complete AAPs in compliance with OFCCP’s requirements. To that end, contractors can begin certifying their compliance in the Contractor Portal today, March 31, 2022.

The directive can be accessed in full here.

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