What happened?

On March 25, 2024, the U.S. Department of Labor announced that starting on April 1st, the Office of Federal Contract Compliance Programs (OFCCP) will allow covered contractors to submit their affirmative action program (AAP) certifications electronically through the Contractor Portal.

What are the details? 

Existing federal contractors and subcontractors must use the OFCCP’s Contractor Portal to complete their certification for the third annual cycle by July 1, 2024. 

Those under the agency’s authority, who meet specific contract dollar and employee thresholds, are obligated to establish, and uphold affirmative action programs and annually certify their adherence.

• These affirmative action stipulations guarantee equal employment opportunities for federal contractors’ applicants and employees, irrespective of their race, color, religion, sex, sexual orientation, gender identity, national origin, disability, or veteran status.

The FCCP has made some updates to its FAQs and launched a new webinar focused on certification.

Non-compliance may result in fines, loss of contract(s), and a negative reputation. 


Business Considerations 

• It is crucial to adhere to this deadline to avoid potential penalties or loss of contract.
• Familiarity with this portal is essential for a smooth certification process because it is the required platform for certification.
• It is recommended that affirmative action programs are regularly reviewed and updated to ensure ongoing compliance.
• Regularly reviewing OCCP contractor portal resources can help businesses stay informed about any changes or clarifications in the compliance process.
• Since this is an annual certification requirement, consider having a process in place to review and certify compliance every year.
• Businesses should have policies and practices in place that promote diversity and prevent discrimination based on race, color, religion, sex, sexual orientation, gender identity, national origin, disability, or veteran status.

Resources

• OFCCP Contractor Portal
• OFCCP FAQs

Source References

• US DEPARTMENT OF LABOR TO OPEN ONLINE PORTAL APRIL 1 FOR FEDERAL CONTRACTORS, SUBCONTRACTORS TO CERTIFY AFFIRMATIVE ACTION PROGRAM COMPLIANCE
• OFCCP Soon To Open Portal for Certification of Compliance (FordHarrison)
• Are You Ready for OFCCP’s 2024 Certification Deadline? Here’s What Federal Contractors Need to Know for Affirmative Action Plan Compliance (Fisher & Phillips LLP.)
• OFCCP Contractor Portal to Open April 1 (National Law Forum, LLC)

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