2018 OFCCP Year In Review And What To Expect In 2019

The year 2018 brought increased activity and significant changes to the Office of Federal Contract Compliance Programs (OFCCP), including the appointment of new Director Craig E. Leen and the arrival of 12 new directives.

Below is a brief summary of the directives and other significant initiatives.

Directive 2018-01 (February 27, 2018) Use of Predetermination Notices This directive provides a uniform protocol for the use of predetermination notices in individual and systemic discrimination cases. Directive 2018-02 (May 8, 2018) TRICARE Subcontractor Enforcement Activities This directive extends the TRICARE moratorium on enforcement of affirmative action obligations required of TRICARE subcontractors until 2021. Directive 2018-03 (August 10, 2018) Executive Order 11246, § 204(c), Religious Exemption This directive is designed to ensure faith-based organizations can compete for federal grants, contracts, programs, and federal funding opportunities without having to disavow their religious character. Directive 2018-04 (August 10, 2018) Focused Reviews of Contractor Compliance This directive outlines OFCCP's plans to conduct focused reviews in fiscal year 2019 to evaluate a single protected group in a compliance review, starting with individuals with disabilities. Directive 2018-05 (August 24, 2018) Analyses of Contractor Compensation Practices During a Compliance Evaluation This directive includes revamped guidance on compensation investigation and enforcement, and its accompanying frequently asked questions provide contractors with some insight into how OFCCP may evaluate their compensation data in an audit. Directive 2018-06 (August 24, 2018) Contractor Recognition Program This directive outlines OFCCP's plan to offer recognition programs for contractors determined to have implemented best or model practices and assisted peers in improving compliance. Directive 2018-07 (August 24, 2018) Affirmative Action Program Verification Initiative This directive aims to ensure contractors are annually preparing and implementing written affirmative action programs (AAPs) by requiring contractors to annually certify they have prepared AAPs and to develop information technology so OFCCP can collect and review AAPs. The directive allows OFCCP to include noncompliant contractors in the neutral audit scheduling process. Directive 2018-08 (September 19, 2018) Transparency in OFCCP Compliance Activities This directive is aimed at increasing agency and audit...