OFCCP Announces New Directives to Improve Compliance Assistance

New initiatives released to serve as a tool for federal contractors

OFCCP announces three new directives today to maximize the effectiveness of compliance assistance resources, to increase accountability, and resolve federal contractor compliance evaluations more efficiently.  The key points of each directive are provided below.

The new directives are:

• Improved Compliance Evaluations
  • Shortening the duration of compliance evaluations is a significant objective in the fiscal year (FY) 2020 OFCCP Operating Plan.
  • OFCCP has taken multiple actions to ensure that aged-case reduction is a priority for the agency.
  • OFCCP has also established an operational goal of completing evaluations within 180 days absent preliminary findings of discrimination.
  • This directive outlines new steps being taken to resolve compliance evaluations more efficiently and to quickly remediate violations, benefitting protected workers and the regulated community.

• Pre-Referral Mediation Program
  • Establishes a mediation program that will help resolve matters before spending significant time on the enforcement process.
  • The mediator will not make a ruling or execute a final decision, but will assist the parties in weighing their options and finding mutually satisfactory outcomes. OFCCP will offer contractors an opportunity to mediate as a last attempt at obtaining timely remedies, and avoiding the delay and expense of litigation.
  • This will be offered to federal contractors and subcontractors to resolve instances of discrimination, before referral to the Office of Solicitor for reinforcement.

• Ombuds Service Supplement and Protocol
  • Outlines the Ombuds Service Protocol, explaining the principles of the OFCCP’s Ombuds Service.
  • Address concerns about transparency, fairness, and process consistency, as well as other issues of significance to the stakeholder community without sacrificing OFCCP’s mission to promote equal employment opportunity and combat employment discrimination.
  • Identify areas for improvement, from a conflict resolution perspective, which might serve to benefit OFCCP processes and, in turn, the contractor community.