Is the OFCCP Done Playing Nice?

OFCCP Issues Directive 2022-02 – Effective Compliance Evaluations and Enforcement

The OFCCP has clarified their enforcement initiatives with the issuance of Directive 2022-02, which explicitly rescinds the following directives established under the Trump administration:

  • DIR 2018-06, Contractor Recognition Program (Aug. 24, 2018) – recognizing contractors with high-performing compliance programs and supporting proactive compliance;
  • DIR 2018-08, Transparency in OFCCP Compliance Activities (Sept. 19, 2018) – authorized an automatic 30-day extension for submission in compliance evaluations and additional automatic 45-day scheduling delay after the issuance of a Corporate Scheduling Announcement List (CSAL);
  • DIR 2020-02, Efficiency in Compliance Evaluations (Apr. 17, 2020) – affirmed efficient progress of compliance evaluations, professional conduct by OFCCP staff, and neutral scheduling of compliance evaluations;
  • DIR 2021-02, Certainty in OFCCP Policies and Practices (Dec. 11, 2020) – affirmed “certainty” when interacting with the Agency and extended the enforcement moratorium applicable to federal contractors participating in TRICARE.

Learn more about the OFCCP Contractor Portal and AAP certification by visiting our Questions and Answer page.

Here’s what you need to know about DIR 2022-02:

  1. The OFCCP has clarified when covered contractors use OFCCP’s Contractor Portal to register and annually certify compliance with their AAP obligations, they are “certifying that they have developed and maintained complete AAPs.
  2. Upon receipt of an audit Scheduling Letter, contractors must “submit all AAPs and itemized listing data, including support data, within 30 calendar days.
  3. During compliance audits, contractors are expected to adhere to “timely submission of complete AAPs and support data, supplemental information, and access to employees, applicants, and other witnesses.
  4. The Directive states that the OFCCP will “no longer delay scheduling contractors for 45 days after the issuance of a CSAL.

The rescission of four directives, reaffirmed audit expectations, and certification on the Contractor Portal show a clear hardening of the OFCCP’s position related to enforcement activity. Kairos clients are strongly encouraged to review the “Annual Action Checklist” on the Kairos Client Portal to ensure compliance required by affirmative action regulations, prior to certifying on the OFCCP Contractor Portal.

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