OFCCP Posts New Directive

Source: Berkshire Associates Inc.; Office of Federal Contactor Compliance Programs, 2008

The OFCCP has just posted a new directive which outlines the Active Case Management (ACM) procedures.  Section 503 of the Rehabilitation Act, VEVRAA , and the Executive Order 13201 (Beck poster) have now been officially integrated into the Desk Audit (off-site portion) and the Onsite Review of a compliance evaluation.  In addition, OFCCP has defined the threshold for potential discrimination as affected classes of ten or more applicants/workers. 

The directive also outlines a quality control process to monitor a contractor’s good faith efforts:

Every 25th contractor listed on the Federal Contract Selection System (FCSS) must go through a full desk audit (even if there are no signs of potential systemic discrimination). 

Every 50th contractor listed on the FCSS will be scheduled for a full compliance review (even if there are no signs of potential systemic discrimination).  

Given this new directive, OFCCP will randomly review, in detail, federal contractors’ recruitment and applicant tracking processes and recordkeeping.

To read the OFCCP directive, visit http://www.dol.gov/esa/ofccp/regs/compliance/directives/dir285.htm.

For more information on how to protect your company from potential audits and other liabilities, please contact Berkshire Associates Inc. at 800.882.8904 or email bai@berkshireassociates.com.