HR Management & Compliance

OFCCP—Out of Nowhere to New Aggressive Stance

In yesterday’s Advisor, attorney David Fortney briefed on OFCCP’s new affirmative action regulations. Today, more on the OFCCP plus links to a free 21-page OFCCP compliance guide.

With the OFCCP (Office of Federal Contract Compliance Programs), it’s not only the two new challenging requirements concerning veterans and employees with disabilities, but it’s also a new aggressive stance that makes the OFCCP a force to be reckoned with, says Fortney.

A founder of the Fortney Scott law firm in Washington, D.C., Fortney offered his tips at a recent meeting of the Employers Counsel Network, a network of employment attorneys in all 50 states who write BLR’s monthly state employment law newsletters. (Fortney writes the Federal Employment Law Insider.)

OFCCP Enforcement Trends

Not too long ago, the OFCCP was a subtier 800-person operation with a relatively small budget, says Fortney. Most people had never heard of it, and few could tell you what the acronym stood for, he says.  But suddenly, the OFCCP has become one of the most active DOL enforcement agencies.

The OFCCP plans on implementing an enterprisewide investigative process (as opposed to focusing on individual establishments), Fortney says.

We’re also seeing considerable cooperation among the OFCCP, the EEOC, and the Department of Justice, Fortney adds. Sharing of information with state agencies, the IRS, and Wage and Hour offices means an audit from one may trigger an audit from another.

What’s happening on March 24? Final rules for affirmative action for veterans and individuals with disabilities take effect. What are your obligations? Download our free 21-page guide to find out. (Includes 3-page preparation checklist.)

Expect the following from the OFCCP, says Fortney:

  • “Enterprisewide” focus on systemic problems.  This can lead to multiple establishment/corporatewide audits.
  • Increased OFCCP interoffice cooperation.
  • A more aggressive OFCCP
    • Shorter extensions.
    • More expansive data requests.
    • Running regressions early, and only once.
    • National Office having a greater involvement in settlements.
    • Less flexibility in negotiations and conciliation agreements.
    • Debarment as a much greater threat.
    • Comprehensive analysis of written AAP.
    • Requests for documentation of compliance with notifications to employees.
    • Pursuit of both individual and class claims.
    • Examination of compliance history for the past 3 years.
    • On-site audits triggered by insufficient supporting documentation from the contractor.

Go to these websites to access the new rules concerning veterans and individuals with disabilities,

OFCCP Final Rule to Improve Job Opportunities for Protected Veterans:

OFCCP Final Rule to Improve Job Opportunities for Individuals with Disabilities:

OFCCP on the Attack

Make no mistake. The OFCCP will be working hard to enforce the new rules, compelling contractors to come into compliance with the new requirements. In recent years, the OFCCP has undertaken an unprecedented effort to conduct compliance reviews and enforcement efforts. The new final rules reflect those continued efforts.

Find out what you need to do: Download this free21-page best practices guide now.
(How can we offer this guide for free? Thanks to our sponsor, Sourcecast, OFCCP compliance specialists.)

To make the situation a little more compelling, the agency’s budget and personnel levels have increased for several years, resulting in nearly 19,000 reviews of federal contractor establishments and more than $45 million in financial remedies for 84,000 workers who the OFCCP believed were affected by discrimination.

New affirmative action rules for vets and individuals with disabilities take effect March 24! Find out what you have to do to comply. Download our free 19-page guide to find out.

When the final rules take effect on March 24, 2014, the OFCCP will focus its compliance efforts on affirmative action requirements for protected veterans and individuals with disabilities as it never has before. Affirmative action professionals fully expect a dramatic increase in the number of AAP audits the OFCCP will conduct for protected veterans and IWDs.

For a checklist of activities contractors should be undertaking to prepare for the March 24, 2014, effective date (and beyond), see the Appendix to this free report.

Download the free report now.

Get Ready for Change:
What the Final Disability and Veterans Regulations Mean for You


  • What happens on March 24, 2014?
  • What happens if you are not in compliance on March 24?
  • What the final rule requires—Section 503: Individuals with disabilities
  • 7 percent utilization goal
  • Outreach and recruiting
  • Assessment of external outreach and recruitment efforts for IWDs
  • IWD self-identification
  • Data collection
  • Utilization analysis
  • Other changes
  • VEVRAA: Protected veterans .
  • 8 percent hiring benchmark
  • Types of protected veterans
  • Job listings
  • Outreach and recruiting
  • Assessment of external outreach and recruitment efforts for protected veterans
  • Veterans’ self-identification.
  • Data collection
  • Other changes
  • Affirmative action resources
  • Appendix

Download the free report now.

Leave a Reply

Your email address will not be published. Required fields are marked *