OFCCP has updated its Contractor Portal website with details for this year’s certification cycle.

Per the website

Beginning April 1, 2024, federal contractors will be able to certify the status of their AAPs for each establishment and/or functional/business unit, as applicable. The deadline for certifying compliance is July 1, 2024.

OFCCP has shifted the opening of the portal from March 31 to April 1. As a result, those contractors with April 1 affirmative action plan year dates will no longer be able to certify compliance prior to the expiration of their current AAP year.

In addition to announcing the new portal opening date, OFCCP has also released updated FAQs.

OFCCP directs contractors to the Portal Help Desk for answers to a number of questions, including those involving EEO-1 numbers and registering new entities. Given the backlog experienced in previous years, it might be best to reach out to the Help Desk as soon as you identify an issue.

OFCCP’s FAQs also continue to instruct contractors they need not certify establishments with less than 50 employees if a separate AAP is not prepared for that establishment:

10. Do I have to include my establishment in the Contractor Portal if it has fewer than 50 employees?

It depends on whether the establishment maintains a separate AAP. If the establishment has fewer than 50 employees and maintains an AAP only for those employees, it must be included in the Contractor Portal. See 41 CFR 60-2.1(d)(2) (describing which employees should be covered in an AAP). If the establishment has fewer than 50 employees and does not maintain an AAP only for those employees, the contractor does not need to list the establishment in the Contractor Portal.

To be clear however, employees in sub-50 establishments need to be included in an AAP, even if it is not a separate AAP for that establishment.

We will continue to monitor for additional information as this year’s certification process unfolds and will provide updates as needed.

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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…

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.

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