OFCCP Updates

The VETS-4212 portal is now open, and reports must be filed by September 30. If you are a federal contractor or subcontractor, it is likely that you are required to file this report. It is best to start this process early, in case there are any issues with accessing the VETS-4212 Reporting Application. For a link to the portal, FAQs, and other information on filing a VETS-4212 report, visit the link below. As always, you may also contact your advisor at Arbor with any

REMINDER FOR FEDERAL CONTRACTORS: Update your your applicant and employee systems and processes with the revised Voluntary Self-Identification of Disability Form (CC-305) by July 25, 2023. The revised form, including various translated versions, is available on the OFCCP website, linked below. https://www.dol.gov/agencies/ofccp/self-id-forms?utm_medium=email&utm_source=govdelivery

FEDERAL CONTRACTORS AND SUBCONTRACTORS: The OFCCP has revised the Voluntary Self-Identification of Disability Form (CC-305) to update the preferred language for disabilities and to include additional examples of disabilities. Go to the link below to download the new form. Contractors must implement this new form by July 25, 2023. #ofccp #federalcontracting #compliance #iwd #employmentlaw https://www.dol.gov/agencies/ofccp/self-id-forms

Federal Contractors (also includes subcontractors) will be required to mandate vaccinations of “covered” employees, except those with a legally entitled accommodation. Some things to note: Covered employees must be fully vaccinated no later than December 8, 2021. Applies to new, revised, renewed or modified federal contracts (subcontracts). It is not retroactive. Applies to providers of services and construction companies, among others, but not providers of products. The Guid

CONSTRUCTION CONTRACTORS: If you find yourself on the OFCCP’s latest CSAL Construction Scheduling List (released today, September 1, 2021), you’re in luck – Joan Moore and Mim Munzel recently spoke on the subject of construction AAPs and audits at the National Industry Liaison Group conference. Subjects included the OFCCP’s new Construction Contractor Technical Assistant Guide (TAG) and proposed Scheduling Letter, the construction alternative to supply and service AAPs, c

Earlier today OFCCP published their 2021 Corporate Scheduling Announcement List (CSAL). Contractors on this list can expect either a Compliance Review (Establishment Review), Corporate Management Compliance Evaluation (CMCE), Functional Affirmative Action Program (FAAP) review, or a University Review. The publishing of this list also serves to provide at least 45 days advance notice for contractors to prepare for their compliance evaluation. Arbor clients – expect to hear fro

OFCCP has announced that the new VEVRAA hiring benchmark will be 5.6%, effective March 31, 2021. As a reminder, the hiring benchmark is the percentage of total hires who are protected veterans that the contractor seeks to hire in the next AAP year.

The previous Director of the OFCCP was very interested in setting up a system to verify that all federal contractors/subcontractors had prepared the required Affirmative Action Plans (AAP) in a timely manner. Although he was not able to see this effort come to fruition during his term, it does not appear that the Biden Administration has given up the effort. A new landing page for the Affirmative Action Plan Verification Interface (AAVI) has just appeared on the OFCCP websit

New Executive Order for Government Contractors, Subcontractors and Federal Financial Assistance Recipients EO 13950 Seeks to Regulate Diversity Training Just as many employers are rolling out new diversity, equity, and inclusion (DE&I) training initiatives, the President signed a new Executive Order, on September 22, 2020, seeking to regulate such efforts for federal contractors, subcontractors, grant recipients and those receiving federal financial assistance (which would i

The OFCCP has released a revised Voluntary Self-Identification of Disability Form (CC-305) for federal contractors/subcontractors. The form has been streamlined to be one page which the Agency thinks will help to increase the voluntary response rate. Federal contractors/subcontractors will have until August 4, 2020, to implement the new form for their applicant and employee systems. The form also is available in Spanish and other languages and has a new expiration date of 5/3

The OFCCP’s veteran hiring benchmark has decreased again, from 5.9% to 5.7%. This updated percentage should be used on Affirmative Action Plans dated March 31, 2020 or later. Federal contractors should take note, as the OFCCP is currently conducting VEVRAA focused reviews. It is possible that the agency will look carefully at the date of the affirmative action plans to determine to which benchmark percentage they will compare the establishment’s hiring rates. Contact Arbor

Presently, there are two training courses: - The Path To Compliance: Understanding Expectations to Governance - Affirmative Action Programs The idea is a good one, but please keep in mind the following, if you access the material: - The information is basic. It may be helpful to those who know very little about federal contractor obligations and compliance, but not if one is attempting to be strategic about compliance and risk management. - Some of the statements would

It’s (mostly) business as usual at the OFCCP, even during this global coronavirus pandemic. Audit notices are still going out, and the OFCCP has said it will continue compliance reviews, focused reviews, and complaint investigations via video or phone conference. The OFCCP also recently said it will be flexible with reasonable extensions, and contractors may reach out to their local point of contact to discuss their ability to respond to OFCCP requests. According to the Natio

We want you to know that we are here to help your organization stay in good shape with the OFCCP, despite this being a difficult time with the COVID-19 virus. As you will note in the link below, the OFCCP recently announced that it will continue to conduct audits, including focused reviews and complaint investigations. The OFCCP will make an adjustment and in lieu of physical on-sites, it will use alternative resources such as WebEx, Skype and phones to conduct interviews a

Attention federal contractors: As the novel coronavirus (COVID-19) continues to spread throughout the United States, the federal government is actively contracting with the private sector to help. You may have seen that the OFCCP Director, Craig Leen, released a March 17, 2020 memorandum granting a limited National Interest Exemption (NIE) and waiver from some of the federal contractor regulations administered by OFCCP. To be clear, the waiver only applies to any new suppl