June 22, 2018

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OFCCP Affirmative Action Program Development

3 days before the new regulations went into effect I had the opportunity to visit the OFCCP’s Baltimore District office. The 3 OFCCP officers that I met with spoke about the fundamentals on developing Affirmative Action Programs (AAPs).

The amount of information to be in compliance can seem a bit over whelming. Below are some key focus areas that require your attention for OFCCP compliance?

  • Post updated Equal Opportunity notices physically and electronically ( Need to indicate the support of your company’s top US Executive)

  • Update Equal Opportunity ( EO) clause in sub-contracts and purchase orders

  • Notify labor organizations where you have a collective bargaining agreement of non-discrimination obligations

  • Ensure mandatory job listings in the manor appropriate to your Employment Service Delivery System ( ESDS)

  • Provide additional company information to appropriate ESDS

  • Update job advertisements to spell out your EEO policy

  • Ensure reasonable accommodations for applicants with disabilities ( including online Applicants)

  • Conduct and document good faith outreach efforts toward protected veterans and individuals with disabilities (IWD) (Required documentation period is for 3 years)

  • Monitoring your plan for under-utilization with corrective actions.

Start of next AAP cycle after March 24, 2014 (Phased-in compliance)

  • Make EEO/Affirmative Action policy statement available wherever you post company policies or EEO notices. ( Electronically, Intranet, policy or bulletin boards

  • Update your AAP narratives with new regulatory citations and new definitions

  • Apply new self-identification procedures for employees and applicants using new forms

  • Put into action data collection on # of applicants, # of job openings, # of hires, # of jobs filled, # of hires that are IWD’s and or protected veterans. ( info must be kept for 3 years)

End of your phased-in compliance AAP Year

  • Survey your employees using new self-identification forms

  • Conduct 7% utilization analysis for individuals with disabilities ( IWD)

  • Conduct 8% utilization analysis for protected veterans

  • Review a self-assessment of good faith efforts and document your outreach too individuals with disabilities and protected veterans demonstrating quantifiable results

The record keeping and documentation are vital to be in compliance with the OFCCP

Tim Orellano a speaker at the Society for Human Resource Management’s 2014 Employment Law & Legislative Conference recently said.

Compliance officers ‘chomping at the bit’ to enforce new affirmative action regulations” “This is all about your money, the OFCCP goes after all sorts of pots of gold. If you don’t have documents during an audit to substantiate why statistics are working against you, you have inferred or implied discrimination because you can’t prove otherwise.”

Some other things to keep in mind are if you are audited, expect compliance officers to demand a lengthy list of documents—including employment tests, compensation data, sometimes even “pictures of your parking spaces” for those with disabilities. Compliance officers are notorious for wanting such documents immediately.

To stay informed about the new changes and up to date information please register for our upcoming Newsletter.


PJ Beaulac is the principal consultant at OFCCP Consulting LLC specializing in policies and procedures. She provides guidance and hands on expertise in the field of OFCCP federal compliance as it relates to government regulations and programs. OFCCP Consulting is here to help identify and address potential issues before the OFCCP targets your company with a compliance review.

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