OFCCP Publishes New Compliance Guides

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By: Connie N. Bertram, Jack Blum, and Sam Long

On August 2, 2019, OFCCP published six new compliance guides on its website.  The new guides include:

  • OFCCP At A Glance, which provides an overview of the functions performed by OFCCP

  • What Federal Contractors Can Expect, which provides general expectations that guide interactions between contractors and OFCCP

  • Posting and Notices Guide & Checklist, which focuses on the posting and notice requirements of federal government contractors and subcontractors

  • VEVRAA Recordkeeping Guide, Section 503 Recordkeeping Guide, and Equal Opportunity (EO 11246) Recordkeeping Guide, which identify which records must be kept by covered contractors and how long the records must be kept

The publication of these compliance guides follows OFCCP Director Craig Leen’s commitment during his July 31 remarks at the National ILG conference that OFCCP will maintain a “laser focus” on transparency and regulatory certainty.  Director Leen stated that OFCCP intends to publish additional technical assistance guidelines on Section 503 and disability issues, VEVRAA compliance, and promotions after the OFCCP undertakes its first round of focused reviews on those subjects.  He also noted that OFCCP will soon open an online help desk that will allow contractors to anonymously seek guidance from OFCCP with responses posted for public reference.

Contractors would be well served to review these compliance guides and consider whether they are meeting all applicable requirements.  In particular, OFCCP officials at the National ILG conference noted OFCCP will have a renewed focus on recordkeeping requirements, which have not been a focus for several years during compliance evaluations.  If contractors are unable to offer proof that they are complying with their recordkeeping obligations, they face  penalties for technical violations.  With the assistance of counsel, contractors should identify and address potential issues before they are discovered in an OFCCP audit.

Polsinelli will continue to monitor this issue and provide updates on available compliance assistance tools.

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