OFCCP Releases the Last of the CERT Directives

OFCCP has released the final directive of the CERT principles (Certainty, Efficiency, Recognition, and Transparency) adopted in 2018. 

This final directive, the Certainty Directive, is meant to ensure that contractors know what OFCCP expects as well as establishes a process to promote the clarity and certainty in OFCCP policies and practices.

The CERT principles were adopted in 2018, beginning with the “Recognition Directive” in August 2018, continuing with the “Transparency Directive” in September 2018 and the “Efficiency Directive” in April 2020. This directive builds on the eight principals outlined in the 2018 document What Federal Contractors Can Expect:

1. Access to Accurate Compliance Assistance Materials
2. Timely Responses to Compliance Assistance Questions
3. Opportunities to Provide Meaningful Feedback and Collaborate
4. Professional Conduct by OFCCP’s Compliance Staff
5. Neutral Scheduling of Compliance Evaluations
6. Reasonable Opportunity to Discuss Compliance Evaluation Concerns
7. Timely and Efficient Progress of Compliance Evaluations
8. Confidentiality

As a reminder, directives are meant to provide clarity or reaffirm existing regulations. Directives do not change laws/regulations or establish legal enforceability.