OFCCP Will Require Verification of Written AAP Compliance

September 04, 2018

The U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) has issued Directive 2018-07, Affirmative Action Program Verification Initiative, which aims at ensuring covered contractors are annually preparing and implementing updating written affirmative action programs (AAPs). The new directive requires OFCCP to develop a process for contractors to certify annually that they have complied with the AAP requirements. The directive allows OFCCP to include noncompliant contractors in the neutral scheduling methodology, which determines which contractors are audited. Before this directive, covered contractors were required to submit AAPs to the agency only in connection with defending an audit or possibly during a compliance investigation. The risks of not timely preparing and implementing written AAPs on an annual basis just increased for all contractors. We recommend all employers that are or might think they are federal contractors contact SESCO to ensure compliance with OFCCP regulations.