OFCCP, or the Office of Federal Contract Compliance Programs, is an integral component of the United States Labor Department. It is in charge of guaranteeing that employers or companies conducting business transactions with the U.S. government follow the rules and regulations regarding nondiscrimination. OFCCP ensures that employers are not discriminated against on the basis of color, religion, race, national origin, sex, sexuality, gender identity, disability, or position as a sheltered veteran.
2021 ended in chaos for most people, with new variants of COVID-19 cropping up and strangling the economy further. This makes employers and employees anxious about what 2022 has in store for them in the form of new OFCCP directives.
OFCCP Directive 2022
OFCCP has issued its new directives detailing the compliance requirements as well as the expedition of compliance reviews. One of the important aspects of this directive is that it puts more stress on the contractors undergoing compliance reviews to collect and submit records quickly.
No more 45 days delay
In the Directive 2018-08 issued by OFCCP, once the contractors are informed that they are on the scheduling list created by OFCCP, there will be a delay of 45 days before scheduling. But this is not the case under the new directive. Based on Directive 2022-02, OFCCP can start scheduling contractors as soon as the Corporate Scheduling Announcement List or CSAL is published. This move by OFCCP is to ensure that the contractors fulfill the compliance requirements at the time of the publication of CSAL. It is also aimed at eliminating the scenario of contractors starting their compliance efforts during the 45-day delay period.
30 days to submit records
According to the latest directive, when OFCCP sends a scheduling notice to the contractors, they will have a period of 30 days to submit all itemized listing data and affirmative action programs. There are extensions allowed by the OFCCP for some extraordinary circumstances. These circumstances include situations like:
- Unexpected departure or turnover of a key affirmative action official
- Extended medical leaves of key employees
- Death in the close family of key employees
- Unexpected military service leave of key employees
- Company-specific or localized disasters affecting the retrieval of records, like a computer virus, fire, or flood.
Broader extent of requested data
The new directive of OFCCP aims to discourage incomplete data submission by contractors. In case of such an event, the OFFCP can ask for more details from the contractors to widen their analysis. If OFCCP detects any details indicating discrimination against employees, it can direct the contractors to submit the documents pertaining to employee practices two years before the date of receipt of the scheduling notice. OFFCP can also request the employee activity and compensation details on the dates after the receipt of the scheduling notice. This will help OFCCP to understand whether the discriminatory practices are still continuing in the organization.
Request important employee information
OFCCP can request important employee information like personnel files, private contact information, mailing addresses, social security numbers, and other details of existing and previous employees.
Based on previous directives, contractors had time to prepare for scheduling. But now contractors should be prepared for scheduling in advance.
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