The U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) recently issued a directive focused on ensuring covered federal contractors are complying with their obligation to develop, implement, and update written affirmative action programs (AAP).
OFCCP Directive 2018-07
Entities with a qualifying federal conract must develop an AAP within 120 days of commencement of the contract and update it annually. Concerned some contractors are not fulfilling their obligation to develop and maintain AAPs, OFCCP issued Directive (DIR) 2018-07 with the goal of expanding its compliance reach.
According to the Directive, the program includes:
- Development of a process whereby contractors would certify on a yearly basis compliance with AAP requirements.
- Inclusion of a criterion in the neutral scheduling methodology increasing the likelihood of compliance reviews for contractors that have not certified compliance with the AAP requirements.
- Compliance checks to verify contractor compliance with AAP requirements.
- Requesting proffer of the AAP by contractors when requesting extensions of time to provide support data in response to a scheduling letter.
- Development of information technology to collect and facilitate review of AAPs provided by federal contractors.
What This Means For Contractors
While the agency indicated more to come in the form of a public outreach and education plan, contractors will want to start taking review measures of their current positions and strategies around development, implementation, and updating of AAPs.