In the third of three new Directives (Directive (DIR) 2020-04), OFCCP has formalized and clarified the role of the Ombudsman in facilitating resolution of conflict between contractors and OFCCP.

The Ombuds Service Protocol, among other important clarifications to Directive (DIR) 2018–09, states:

The mission of the Ombuds Service is to offer an impartial and independent perspective to conflicts between external stakeholders and OFCCP, providing a neutral and, to the extent permitted by law, confidential resource while advocating for fair, efficient, and transparent policies and procedures.

Notably, the bolded terms above are in the original version of the Protocol.  OFCCP wants us to know that the Ombuds Service is not simply another arm of OFCCP’s enforcement mechanism.

Consistent with many of Director Craig Leen’s other initiatives, the Ombuds Service is a direct response to prior criticisms that stakeholders did not trust the Agency to provide assistance without making them “a target for future OFCCP enforcement actions, such as compliance evaluations.”

The Protocol is comprehensive.  It provides an Ombuds Service Overview, including goals for the Service; specific Standards of Practice, including the meaning and limits of the principles of confidentiality, neutrality and independence; and, Ombudsman Functions, including that the Ombudsman will not, “Advocate for any one individual or entity before, during, or after a particular dispute.”

The Protocol concludes by encouraging those “unsure about whether to contact the Ombuds Service” to reach out for more information.  “If unable to be of direct assistance, the ombudsman can direct you to the appropriate person, division of OFCCP, or agency within the Department of Labor.

Marcus Stergio is the current OFCCP Ombudsperson.  There are three ways to contact him:

Under the Protocol, we believe the Ombuds Service promises to be a useful resource for contractors not only for resolving conflict, but also for better understanding OFCCP processes and procedures that the Agency may previously have been reluctant to share with contractors.

Tags: Directive 2018-09, Directive 2020-04, Director Craig Leen, Marcus Stergio, OFCCP, OFCCP Ombudsperson, Office of Federal Contract Compliance Programs, Ombuds Service Overview
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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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