OFCCP – Department of Labor-Releases New Compliance Directives

By: Christine V. Williams on 11/30/2018

Today, the U.S. Department of Labor, Office of Federal Contract Compliance Programs (OFFCP), released three new directives in an effort to establish and maintain more certainty for contractors regarding investigations and compliance.  A link to the substantive directives, and all directives is found below.

OFFCP, according to its mission statement, is in place to protect workers, promote diversity and enforce the law.  OFCCP holds those who do business with the federal government—contractors and subcontractors—responsible for complying with the legal requirement to take affirmative action and not discriminate on the basis of race, color, sex, sexual orientation, gender identity, religion, national origin, disability, or status as a protected veteran. In addition, contractors and subcontractors are prohibited from discharging or otherwise discriminating against applicants or employees who inquire about, discuss or disclose their compensation or that of others, subject to certain limitations.

The directives released today, according to OFCCP, are as follows:

  • Early Resolution Procedures: In this directive, OFCCP formalizes its Early Resolution Procedures, or ERP. With ERP, OFCCP and contractors can agree to reduce the length of compliance evaluations by resolving problems, including systemic issues, quickly. ERP also introduces an approach for OFCCP and contractors to limit potential contractor liability and effect corporate-wide actions.
  • Opinion Letters and Help Desk: To enhance its compliance assistance efforts, OFCCP will begin using Opinion Letters and making certain Help Desk inquires and responses searchable to the public through OFCCP’s website.
  • Evaluation Procedures:  This directive rescinds the agency’s Active Case Enforcement (ACE) Procedures. Going forward, compliance evaluations of federal contractors will be conducted in accordance with the Federal Contract Compliance Manual and, as needed, with agency guidance.

You may click on this link or cut and paste it into your browser.  https://www.dol.gov/ofccp/regs/compliance/directives/dirindex.htm?utm_campaign=directives3&utm_medium=email&utm_source=govdelivery