Spring is long gone but OFCCP has recently been doing some weeding… and replanting.  OFCCP recently released these Directives, some more notable than others:

  • Directive 312 rescinds Directive 261 which established annual best practice awards for federal contractors and service organizations.  The Exemplary Voluntary Efforts , Exemplary Public Interest Contribution and the Secretary of Labor’s Opportunity Awards were last awarded in 2008 but authorization for the awards expired in 2007.  Awards may be available in the future as OFCCP “is currently exploring innovative ways of recognizing federal contractors and community-based organizations for their efforts in promoting equal employment opportunity and affirmative action and will issue guidance in the near future.”
  • Directive 309 rescinded 33 “redundant or outdated” Directives and it certainly appears that none of them had any continuing significance.
  • In contrast, Directive 310, entitled “Calculating Back Pay as a Part of Make-Whole Relief for Victims of Employment Discrimination” works notable changes in the calculation of back pay.  For instance, the Directive purports to explain when OFCCP will use “Formula Relief” versus “Individual Relief” in calculating back pay.  Formula relief allows OFCCP to approximate back pay losses for an alleged group of victims, rather than prove individual losses – an important distinction.  Stay tuned for further blogs about this important Directive.
  • Directive 309 rescinds Directive 239 implementing OFCCPs previous Memorandum of Understanding (“MOU”) with the General Services Administration (“GSA”) regarding “Mega Construction Project.”  OFCCP’s updated MOU with GSA drops the threshold for such projects from $50 million to $25 million.  The MOU obligates GSA to notify OFCCP of Mega Construction Projects so that OFCCP can, from the outset of the project, be directly involved in ensuring that all project contractors and subcontractors comply with affirmative action requirements.  Thus, resources permitting, OFCCP may be directly involved in more mega projects.

It’s been an “exciting” 2013 and will certainly get more exciting when the proposed regulations for veterans and individuals with disabilities are released.