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Category: Affirmative Action and Diversity

GAO Issues Report Concluding OFCCP Can Do a Better Job on Its VEVRAA Oversight

The U.S. Government Accountability Office (GAO), the research arm of the U.S. Congress, has issued a report concluding that the Labor Department’s Office of Federal Contract Compliance Programs (OFCCP) isn’t doing enough to help federal contractors comply with their affirmative action obligations for veterans protected under the Vietnam Era Veterans’ Readjustment Assistance Act (VEVRAA). The 45-page report, entitled “Equal Employment...
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Category: Agency Enforcement

OFCCP Submits FAAP Directive to OMB for Approval, With Minor Improvements

As anticipated, the Labor Department’s Office of Federal Contract Compliance Programs (OFCCP) has submitted a formal request to the White House Office of Management and Budget (OMB) for approval of a revised agency directive that would extend OFCCP’s functional affirmative action program (FAAP) process for several more years. The version of the FAAP Directive sent to OMB for approval does...
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Category: Agency Enforcement

OFCCP Now Saying That Small AAPs Must Be Added to AAP-VI

In an unexpected and frankly disturbing new development, especially in light of its timing and earlier agency guidance, the Labor Department’s Office of Federal Contract Compliance Programs (OFCCP) announced late last week that establishments with fewer than 50 employees must be added to the agency’s online Affirmative Action Program Verification Interface (AAP-VI) Contractor Portal, if the contractor maintains an affirmative...
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Category: Agency Enforcement

What To Expect From OFCCP’s Upcoming “Modernizing AAPs” Proposal

Sometime later this year, perhaps as early as September, the Labor Department’s Office of Federal Contract Compliance Programs (OFCCP) is expected to publish a formal proposal entitled Modernizing Affirmative Action Programs, Recordkeeping, and Other Components of the Executive Order 11246 Supply and Service Obligations for Federal Contractors and Subcontractors. The “Modernizing AAPs” proposal is the most ambitious of several new...
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Category: Agency Enforcement

OFCCP Posts New “CSAL” List Targeting 400 Establishments for Compliance Audits

The Labor Department’s Office of Federal Contract Compliance Programs (OFCCP) has posted online a new list – formally known as the Corporate Scheduling Announcement List (CSAL) – targeting 400 federal contractor establishments for an upcoming compliance evaluation. The new FY 2022 CSAL identifies the type of review for which each entity on the list has been flagged, broken down as...
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Category: Agency Enforcement

OFCCP Introduces AAP-VI Bulk Upload Option for Multi-Establishment Contractors

The Labor Department’s Office of Federal Contract Compliance Programs (OFCCP) has announced an option for federal contractors and subcontractors with 100 or more establishments (or functions) to upload or modify establishment information into the agency’s Affirmative Action Program Verification Interface (AAP-VI) Contractor Portal. As we reported previously, all supply and service contractors subject to OFCCP’s jurisdiction must certify by June...
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Category: Agency Enforcement

OFCCP Key Personnel Update

In the sixteen months that have transpired since President Biden appointed Jenny Yang as the Director of the Labor Department’s Office of Federal Contract Compliance Programs (OFCCP), there have been several key personnel changes, some of which we’ve previously brought to your attention. Given the major policy developments at the agency that have occurred within the last few months, we...
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Category: Agency Enforcement

OFCCP Financial Settlement Update – May 2022

To help federal contractor keep up with recent enforcement trends out of the Labor Department’s Office of Federal Contract Compliance Programs (OFCCP), for the last several years we have been summarizing, on a periodic basis, major settlements announced by OFCCP that involve financial remedies. And while the pace of settlements clearly accelerated during the last year of the Trump Administration,...
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Category: Agency Enforcement

New OFCCP Directive Signals Return of Aggressive Enforcement

Office of Federal Contract Compliance Programs (OFCCP) Director Jenny Yang has issued a second major policy directive in as many weeks, in this instance formally scrapping many of the cooperative compliance evaluation policies that were implemented by former Trump OFCCP Director Craig Leen. Director Yang’s newest directive follows on the controversial new directive (DIR 2022-01) she signed on March 15...
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Category: Agency Enforcement

OFCCP Posts New AAP-VI FAQs

No later than June 30 of this year, covered federal contractors and subcontractors must certify to the Labor Department’s Office of Federal Contract Compliance Programs (OFCCP) via an online “Affirmative Action Program Verification Interface (AAP-VI)” that they have developed and maintained Affirmative Action Programs (AAPs) in accordance with OFCCP’s regulations. And while covered federal contractors have been able to register...

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