LOGIN Request a call

← BLOG  |  EMPLOYMENT LAW UPDATES  |  NEWS

June 2022: OFCCP Releases New Directive Setting Expectations of Contractors During Compliance Reviews

08 Jun

Share

Update Applicable to:
All employers with private contractors

What happened?
On March 31, 2022, the Office of Federal Contract Compliance Programs (OFCCP) issued a new Directive 2022-02.  The stated purpose is to provide “transparency on OFCCP’s compliance evaluation policies and expectations for contractors.”

What are the details?
Per OFCCP, this new Directive:

  • Updates agency policies regarding the scheduling of contractors for compliance evaluations, including enhancing the agency’s neutral scheduling procedures to reach a broader universe of federal contractors and eliminating delays in scheduling.
  • Establishes contractors’ obligations regarding timely submission of Affirmative Action Programs (AAPs) and support data, supplemental information, and access to employees, applicants, and other witnesses.
  • Increases contractor accountability through the Contractor Portal, by stating that when covered contractors use OFCCP’s Contractor Portal to annually certify compliance with their AAP obligations, contractors are certifying that they have developed and maintained complete AAPs in compliance with OFCCP’s requirements.

This new directive also explicitly rescinds:

  1. DIR 2018-06Contractor Recognition Program (Aug. 24, 2018);
  2. DIR 2018-08Transparency in OFCCP Compliance Activities (Sept. 19, 2018);
  3. DIR 2020-02Efficiency in Compliance Evaluations (Apr. 17, 2020); and
  4. DIR 2021-02Certainty in OFCCP Policies and Practices (Dec. 11, 2020).

While the OFCCP has removed these Directives from the OFCCP’s Directive website, they are available in archives.

This Directive went into effect on March 31, 2022.

For more information, please see the links below:

Directive 2022-02

Contractor Portal

Agency’s Directive Website

OFCCP Archives

U.S Department of Labor News Release

Article 1Article 2Article 3

What do employers need to do?
Employers should review the links provided above and make adjustments to their scheduling policies and ensure contractor AAPs are completed correctly.

Schedule a Call

Learn more about VensureHR and how we can make an impact on your business.

Contact VensureHR

This communication is intended solely for the purpose of conveying information. The present post might incorporate hyperlinks directing readers to websites managed by third-party entities. The inclusion of any links within this communication is meant to serve as points of reference and could encompass opinion articles from various law firms, articles from HR associations, official websites, news releases, and documents of government agencies, and other relevant third-party sources. Vensure has no authority over these external websites and bears no responsibility for their content. Furthermore, Vensure does not endorse the materials present on these websites. The contents of this communication should not be interpreted as legal advice or as a legal standpoint concerning specific facts or scenarios. Nor should it be deemed an exhaustive compilation of facts potentially pertinent to federal, state, or local laws. It is strongly advised that employers solicit legal guidance from an employment attorney when undertaking actions in response to any legal updates provided. This is due to the possibility of future alterations occurring in federal, state, and local laws, regulations, as well as the directives and guidelines issued by governing agencies. These changes may transpire at any given time, potentially rendering certain portions of the content within this update void or inaccurate.

Keep Your Business Compliant

Fill out the form below to receive monthly Employment Law Updates right in your inbox.

Keep Your Business Compliant

Fill out the form below to receive monthly Employment Law Updates right in your inbox.

Amazing!

You're all set.

Thanks for subscribing. Be on the look out for the Legal HR updates in your email.

Celebrating PEOs!

VensureHR joins the nationwide celebration, reflecting on an industry of excellence in providing payroll, employee benefits, compliance assistance, and HR services to thousands of SMBs across North America.

Tracking Convertion image