As we noted at the beginning of the year, the Agency in late-November 2018 issued a Directive stating it would develop a dynamic and searchable publically available source of Help Desk questions and answers to assist contractors. 

Directive 2018-08 also announced OFCCP would issue Opinion Letters to provide guidance on specific topics, either in response to Help Desk inquiries or in response to direct requests for Opinion Letters.  

Last week OFCCP quietly issued its first Opinion Letter:  OFCCP’s Jurisdiction Related to Pell Grants.  Spoiler alert:  a college’s receipt of Pell Grant funds does not constitute a “government contracts” and, thus, do not trigger AAP obligations. 

Anyone interested in following OFCCP’s Opinion Letters can find them by clicking the “Topics” tab at top of OFCCP’s website, and then navigating to the “Opinion Letters” link. 

Keep in mind, OFCCP is now seeking input from federal contractors and their attorneys. 

As the Directive states:

Please reach out through the Help Desk portal to submit suggestions for issues that you would like to see addressed in specific Opinion Letters.  You may also email or mail your suggestions to the address below.

We will continue to monitor OFCCP’s site for further letters and let you know what we learn. 


Photo of Laura A. Mitchell Laura A. Mitchell

Laura A. Mitchell is a Principal in the Denver, Colorado, office of Jackson Lewis P.C. She is a member of the firm’s Affirmative Action and OFCCP Defense practice group as well as the firm’s Pay Equity Resource Group. She is also on the leadership team for the firm’s Government Contractor Industry Group.

Her practice is focused on representing government and non-government contractors in OFCCP matters, preparing for and defending OFCCP audits, and counseling employers on issues stemming from OFCCP regulations. Ms. Mitchell personally oversees the development of hundreds of AAPs each year and is intimately involved in the defense of numerous OFCCP audits. She also spends significant time counseling companies in connection with conducting pay equity analyses as well as government contractor employment obligations.

Ms. Mitchell is the editor and a principal contributor of The Affirmative Action Law Advisor blog and frequently presents on pay equity, affirmative action compliance, OFCCP enforcement trends, and government contractor obligations.

JD Supra Readers Choice Top Author 2018