OFCCP Releases Year in Review

Did it feel like 2020 was a busy year for OFCCP? Based on their year in review, it certainly was! Fr...

Did it feel like 2020 was a busy year for OFCCP? Based on their year in review, it certainly was! From policy to audit activity and several final rules, OFCCP did not let a global pandemic slow them down. A few highlights of the OFCCP accomplishments are below.

  • OFCCP increased outreach to the contractor community and compliance assistance. A number of our clients that came under audit worked with OFCCP through online meetings and additional phone calls with the agency. There were even some virtual “on sites” for the focused reviews.
  • OFCCP had their second highest monetary settlement in fiscal year 2020 at $35.6 million. The increase was due to the type of audits completed, and the agency released a new scheduling list in September 2020 to lay the groundwork for the coming year. This list included two new types of focused reviews, accommodations and promotion reviews.
  • The agency published 3 final rules, including resolving employment discrimination, the religious clause exemption, and the TRICARE exemption.
  • OFCCP focused on increasing transparency with the contractor community in 2020. The agency published an updated Federal Contractor Compliance Manual. This manual includes the process, evaluations and procedures for OFCCP compliance officers. There were also a number of policy directives to assist OFCCP with its efficiency and effectiveness. The agency also issued technical assistance guides for small contractors, supply and service contractors, and construction contractors.

The OFCCP website is updated regularly with lots of best practices for the contractor community. It does not look like OFCCP will be slowing down any time soon! The best way for contractors to comply is completing the data part of the AAP in a timely fashion, identifying and mitigating any data gaps or inconsistencies, as well as reviewing policies and procedures of the organization. Part of the requirements as a federal contractor is to take proactive steps to make sure no barriers are created for any protected classes at the company, and it looks like full steam ahead for OFCCP in 2021.

Liz Balconi, PHR, SHRM-CP, M.A., Managing Consultant
Liz Balconi, PHR, SHRM-CP, M.A., Managing Consultant
As a managing consultant at Berkshire, with over 20 years in the industry, Liz is an expert in affirmative action and EEO support.

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