Updates to FAAP Directive - Comment Now

Have you ever thought about making a switch to Functional Affirmative Action Programs (FAAPs) instea...



Posted by Charlotte Arnoldson on February 22 2022
Charlotte Arnoldson

Have you ever thought about making a switch to Functional Affirmative Action Programs (FAAPs) instead of the traditional establishment Affirmative Action Programs? Do your business leaders keep asking to see AAP results for the functions or business units they oversee, and not by where employees are physically located?

If the functional or business units within your organization operate independently, meaning they have their own managing official who has ultimate responsibility for the decisions made within that functional or business unit, and if those units have at least 50 employees and the ability to track and maintain their own personnel activity, then FAAPs might be an option for your organization to consider.

Before you jump ahead and make the switch, the current Directive on Functional Affirmative Action Plans (Directive 2013-01 Revision 2) is due to expire on June 30, 2022, so now would be a good time to familiarize yourself with the proposed changes to the directive, and submit your comments by April 11.

 

Highlights of Proposed Changes

Below is a highlight of some of changes proposed. A complete list of all the proposed changes can be found here.

  • Updating the procedures in the directive to require notice of a modification when there is a management official change in a function or business unit. The notification must be submitted within 60 calendar days of the management official change, and must identify the impacted function or business unit, and include the name, address, and email of the new management official.
  • Updating the “Roles and Responsibilities” section to clarify that FAAP contractors are responsible for notifying OFCCP that they have implemented the FAAP agreement.
  • Clarifying that contractors must continue to develop, implement, and maintain AAPs for each establishment until a FAAP agreement is executed.
  • Providing that OFCCP’s reasons for terminating a FAAP agreement include but are not limited to: 1) if the contractor fails to account for all its employees in a functional or establishment AAP; or 2) if the contractor repeatedly fails to notify OFCP of a modification to its functional or business units, or structure or organization that affects a FAAP agreement or change in management officials.
  • Updating requirements that OFCCP imposes to certify the contractor’s request to enter into a FAAP agreement.
  • Providing that the FAAP agreement request should be submitted electronically to the Director of OFCCP.

Ultimately, if you decide that FAAPs are right for your organization, you will need to apply for a FAAP agreement by submitting a written request to the OFCCP Director explaining why your organization believes that FAAPs are appropriate. Plan well in advance, as OFCCP must receive your written request no later than 120 calendar days prior to the expiration of your current AAP.

If the FAAP agreement is approved by OFCCP, you then have up to 120 days from the agreement date, to implement FAAPs and finally give your business leaders their AAP results by functional or business units.

Charlotte Arnoldson
Charlotte Arnoldson
As a Senior HR Consultant at Berkshire, Charlotte Arnoldson works with clients of all sizes to provide affirmative action planning consultation and assistance.

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