Today, on the last day of the month, OFCCP has released three new directives – the first three of the Agency’s 2019 Fiscal Year – and continues the string of directives issued by the new administration, bringing the number to an even dozen.

Directive 2019 -01: Compliance Review Procedures rescinds the Directive 2011-01 which set out the Active Case Enforcement compliance review procedures implemented under former Director Patricia Shiu and states reviews will be conducted in accordance with the Agency’s Federal Contract Compliance Manual (FCCM).

Directive 2019-02: Early Resolution Procedures is intended to create a path to “help contractors and OFCCP achieve their mutual goal of equal employment opportunity in federal contracting and reduce the length of compliance evaluations through early and efficient resolutions.”

Directive 2019-03:  Opinion Letters and Help Desk sets forth the Agency’s intention to enhance is technical assistance tools by development of a searchable Help Desk question repository.  The Directive also formally sets forth OFCCP’s intention to start issuing Formal Opinion letters.

We are in the process of digesting these directives and will follow up with more in-depth analysis and insights in the coming days.

Tags: ACE, Acting Director Craig Leen, Active Case Enforcement, FCCM, Federal Contract Compliance Manual, OFCCP, Office of Federal Contract Compliance Programs, Opinion Letters, Patricia Shiu
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Photo of Laura A. Mitchell Laura A. Mitchell

As co-leader of the firm’s ESG group, Laura Mitchell partners with her clients to evaluate, set, achieve and monitor their organizational culture and human capital goals. She focuses her practice on data analytics, including pay equity and other employee analytics, working side-by-side with…

As co-leader of the firm’s ESG group, Laura Mitchell partners with her clients to evaluate, set, achieve and monitor their organizational culture and human capital goals. She focuses her practice on data analytics, including pay equity and other employee analytics, working side-by-side with employers to build programs that benefit employees and create a stable, high-functioning workplace. Understanding that an inclusive, values-based culture provides a crucial competitive advantage in the modern workplace, Laura enjoys counseling companies on the development of proactive and equitable pay and diversity practices.

In Laura’s version of the reimagined workplace, attention to human capital issues, especially DEI and pay equity, would be the rule rather than the exception nationwide and she works with companies across all industries—both new and well-established multi-national organizations of all sizes—to realize this vision for her clients’ ongoing success. She helps clients understand all issues across the spectrum of their journey, helping to establish regular analyses as well as counseling organizations on implementation and compliance obligations, where applicable. Committed to putting her clients’ organizational goals first and foremost, Laura views herself as an extension of her clients’ team, responsible for providing proactive guidance and engaging in transparent, ongoing communication.

Laura also represents companies in OFCCP matters, preparing for and defending OFCCP audits, and counseling employers on issues stemming from OFCCP regulations. She personally oversees the development of hundreds of Affirmative Action Plans for clients each year and is intimately involved in the defense of OFCCP audits. Her approach to compliance is one of facilitation and conciliation while simultaneously advocating in the best interests of her clients.

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