Directive 2022-02: Effective Compliance Evaluations and Enforcement issued March 31, 2022 is intended to
strengthen OFCCP compliance evaluations and reduce delay by promoting the timely exchange of information
It also sets a number of expectations for contractor conduct and compliance during reviews, rescinding a number of previous Directives that set out transparency and expectations and timelines for submission of information – commonly known as previous OFCCP Director Craig Leen’s Four Pillars.
Per OFCCP this new Directive:
- updates agency policies regarding the scheduling of contractors for compliance evaluations, including enhancing the agency’s neutral scheduling procedures to reach a broader universe of federal contractors, and eliminating delays in scheduling.
- establishes contractors’ obligations regarding timely submission of Affirmative Action Programs (AAPs) and support data, supplemental information, and access to employees, applicants, and other witnesses.
- increases contractor accountability through the Contractor Portal, by makes stating that when covered contractors use OFCCP’s Contractor Portal to annually certify compliance with their AAP obligations, contractors are certifying that they have developed and maintained complete AAPs in compliance with OFCCP’s requirements.
This new directive explicitly rescinds:
- DIR 2018-06, Contractor Recognition Program (Aug. 24, 2018);
- DIR 2018-08, Transparency in OFCCP Compliance Activities (Sept. 19, 2018);
- DIR 2020-02, Efficiency in Compliance Evaluations (Apr. 17, 2020);
- DIR 2021-02, Certainty in OFCCP Policies and Practices (Dec. 11, 2020)
While the Agency has removed these Directives from the Agency’s Directive website, they are available in archives.
We are unpacking this new directive and will be back with further details.