OFCCP Compliance Evaluations Will Be More Challenging

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The Office of Federal Contract Compliance Programs released a new directive that “will strengthen OFCCP compliance evaluations and reduce delay by promoting the timely exchange of information.” But what this really means for contractors is a less transparent and less cooperative process. Among the things the directive does:

  • Rescinds four Trump era directives that were intended to provide transparency, efficiency and certainty to contractors in their dealings with the OFCCP.
  • Eliminates the automatic 30-day extension for the submission of certain data that was available under the transparency directive. The OFCCP will grant extensions on a case-by-case basis, and only in “extraordinary circumstances.”
  • Provides that reviews may be scheduled immediately following the release of the Corporate Scheduling Announcement List (CSAL), rather than 45 days later.
  • States that the neutral scheduling procedures for compliance evaluations will be enhanced to reach a broader universe of contractors and subcontractors.
  • Reiterates the OFCCP’s ability to require supplemental information and data and to expand its investigation.
  • Emphasizes the OFCCP’s access to employees, applicants and other witnesses. In addition, the directive notes that, while the contractor’s attorneys may be present for OFCCP interviews of management personnel, they will not be permitted to attend the interviews of non-management employees, except as requested by the employee. The contractor’s attorneys will also generally not be able to participate in the interviews of former employees.
  • Highlights the required use of the new Contractor Portal to increase contractor and subcontractor accountability for compliance with their obligations under applicable Executive Orders, laws, and regulations.