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The Office of Federal Contract Compliance Programs (OFCCP) announced that the Contractor Portal for federal contractors and subcontractors to certify compliance with their affirmative action plan (AAP) obligations opened on April 1, 2024, with contractors and subcontractors having until July 1, 2024, to submit the required certification.
This is the third year of OFCCP’s annual certification requirement. Contractors must again certify that they have developed and maintained annual affirmative action plans for each of their workplace establishments or functional/business units, as applicable.
Affirmative action programs (AAPs) outline an organization's programs, policies and procedures for proactively recruiting, hiring, training and promoting women, minorities, people with disabilities and veterans to ensure that all individuals have equal opportunities in employment. The U.S. Department of Labor's Office of Federal Contract Compliance Programs (OFCCP) enforces compliance with the affirmative action requirements. Proactive steps by contractors to comply with the OFCCP's regulations will ensure that organizations will continue to be eligible to receive future federal contracts and subcontracts and reduce the risk of a difficult audit and an OFCCP-imposed penalty or remedy.
There is often confusion about the relationship between diversity and inclusion practices and EEO and affirmative action. EEO refers to fairness and equality of treatment for specific, designated protected classes as defined by law. EEO means that the employer gives equal consideration for a job and terms and conditions of employment to all individuals and that the employer does not discriminate based on race, color, religion, age, marital status, national origin, disability or sex (including sexual orientation, and gender identity or expression).
OFCCP continues to stress the need to meet this reporting deadline. The agency has indicated that contractors who fail to certify compliance (due to either failing to complete the certification or stating in the certification they have not complied) “will be more likely to appear on OFCCP’s scheduling list” for annual compliance audits. Notably, the OFCCP considers the following companies to not be certified: (1) those that did not certify compliance via the contractor portal AND (2) those certifying that they have not developed or maintained an affirmative action plan.
- What Is Affirmative Action?
- The History of Affirmative Action
- Why Is an Affirmative Action Plan Necessary?
- How is the new OPCCP portal confusing to some Employers?
- What Are the Goals of Affirmative Action?
- How To Create an Affirmative Action Plan?
- Why is the AAP considered a hindrance to Employers?
- What are the challenges with creating the AAP?
- What are the issues that conflict with the AAP and Diversity, Equity and Inclusion and the current focus on discriminatory actions?
- All Employers
- Business Owners
- Company Leadership
- OFCCP representatives
- Compliance professionals
- HR Professionals
- Anyone interested in learning about the AAP
Margie Faulk is a senior level human resources professional with over 15 years of HR management and compliance experience. A current Compliance Advisor for HR Compliance Solutions, LLC, Margie, has worked as an HR Compliance advisor for major corporations and small businesses in the small, large, private, public, Non-profit sectors and International compliance. Margie has provided small to large businesses with risk management strategies that protect companies and reduces potential workplace fines and penalties from violation of employment regulations. Margie is bilingual (Spanish) fluent and Bi-cultural. Margie’s area of expertise includes Criminal Background Screening Policies and auditing, I-9 document correction and storage compliance, Immigration compliance, employee handbook development, policy development, sexual harassment investigations/certified training, SOX regulations, payroll compliance, compliance consulting, monitoring US-based federal, state and local regulations, employee relations issues, internal investigations, HR management, compliance consulting, internal/external audits, and performance management. Margie’s unique training philosophy includes providing free customized tools for all attendees. These tools are customized and have been proven to be part an effective risk management strategy. Some of the customized tools include the I-9 Self Audit. Correction and Storage program, Ban the Box Decision Matrix Policy that Employers can provide in a dispute for allegations, Family Medical Leave Act (FMLA) Compliance Guide, Drug-Free Workplace Volatile Termination E-Book and other compliance program tools when attendees register and attend Margie’s trainings. Margie holds professional human resources certification (PHR) from the HR Certification Institution (HRCI) and SHRM-CP certification from the Society for Human Resources Management. Margie is a member of the Society of Corporate Compliance & Ethics (SCCE).
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HRCI -
This webinar has been approved for 1.5 HR (General) re-certification credit hours toward California, GPHR, HRBP, HRMP, PHR, and SPHR recertification through the HR Certification Institute.
The use of this seal is not an endorsement by the HR Certification Institute of the quality of the activity. It means that this activity has met the HR Certification Institute’s criteria to be pre-approved for re-certification credit.
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