Since the Government Accountability Office (GAO) issued its Recommendations to Strengthen the Office of Federal Contract Compliance Programs’ Oversight of Federal Contractors’ Nondiscrimination Compliance in July 2016, OFCCP has taken steps to implement its recommendations.  And now, the GAO has issued a progress report evaluating OFCCP’s actions toward the 2016 recommendations.

The GAO’s progress report provides insight into both OFCCP’s past and future actions that often occur outside of public view.  Looking backward, the GAO concluded that OFCCP has successfully implemented changes to address the following recommendations:

  1. Make changes to the current scheduling list distribution process so that it addresses changes in human capital and does not rely exclusively on geographic location.
  2. Review outreach and compliance assistance efforts and identify options for improving information provided to federal contractors and workers to enhance their understanding of nondiscrimination and affirmative action requirements to ensure equal employment opportunities for protected workers.
  3. Assess existing contractor guidance for clarity to ensure that contractors have information that helps them better understand their responsibilities regarding nondiscrimination and affirmative action requirements to ensure equal employment opportunities for protected workers

Yet, the GAO found that OFCCP fell short in meeting three other of its 2016 recommendations:

  1. Make changes to the contractor scheduling list development process so that compliance efforts focus on those contractors with the greatest risk of not following equal employment opportunities and affirmative action requirements.
  2. Develop a mechanism to monitor affirmative action plan from covered federal contractors on a regular basis. Such a mechanism could include electronically collected AAPs and contractor certification of annual updates.
  3. Provide timely and uniform training to new staff, as well as provide continued training opportunities to assist compliance officers in maintaining a level of competence to help ensure quality and consistency of evaluations across regions and district offices.

The report also includes additional guidance for OFCCP to continue its implementation of the 2016 recommendations.  For example, to continue to refine its selection methodology to reduce the impact of its prior methodology and to evaluate how the Voluntary Enterprise-wide Review Program (VERP) may impact the pool of contractors for selection.

But perhaps most surprising is the disclosure in the report that OFCCP is poised to issue a request that OMB approve that contractors submit their AAPs annually to OFCCP.  According to the GAO,

OFCCP has contracted with an information technology vendor to develop a web-based portal to allow contractors to upload their AAPs electronically for convenience, increased compliance, and for OFCCP review.

According to the report, the Agency intends to announce this technology by September 30, 2019.  The report also states

OFCCP has developed the necessary information collection request to obtain approval from OMB to collect all contractors’ AAPs annually. The agency anticipates that OMB approval will be timely to align with completion of the AAP portal.

The details of this are still unknown, but September 30 is fast approaching, as those of you with EEO-1 Component 2 filing obligations are well aware.  We will be sure to provide updates as we learn more.

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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.

Photo of Christopher T. Patrick Christopher T. Patrick

Chris Patrick is a Principal in the Denver, Colorado, office of Jackson Lewis P.C. and is a member of the Firm’s Affirmative Action Compliance and OFCCP Defense practice group and Pay Equity resource group.

Chris partners with employers on practical solutions to ensure…

Chris Patrick is a Principal in the Denver, Colorado, office of Jackson Lewis P.C. and is a member of the Firm’s Affirmative Action Compliance and OFCCP Defense practice group and Pay Equity resource group.

Chris partners with employers on practical solutions to ensure equal employment opportunity (EEO), including counseling on affirmative action, pay equity and transparency, and diversity. In short, Chris develops actionable strategies under privilege that identify and eliminate unseen barriers to EEO in personnel practices—often informed by trends in employee data.