Key Changes to the FAAP Directive

Key Changes to the FAAP Directive

U.S. DOL Office of Federal Contract Compliance Programs sent this bulletin at 08/21/2019 11:00 AM EDT

Having trouble viewing this email? View it as a web page. Key Changes to the FAAP Directive To better serve federal contractors, the Functional Affirmative Action Program (FAAP) has a new directive, which includes the following updates: OFCCP will no longer consider compliance history when reviewing a request for a new FAAP agreement or termination. The extended agreement term is five years, up from three years. There will be a minimum of 36 months between compliance evaluations for a single functional unit. This is 12 months longer than an establishment review. Complete FAAP applications will be determined within 60 days. Historically, there was no deadline. OFCCP no longer requires that FAAP contractors undergo at least one compliance evaluation during the term of their FAAP agreement.

Ensuring Compliance - Words from OFCCP Director

Source:  DOL Newsletter

During the National Industry Liaison Group (NILG) conference in Hawaii, OFCCP Director Patricia Shiu and agency staffers spoke, via video conference, about their agency's priorities with a focus on how they work with contractors to ensure compliance with equal opportunity requirements.

 

"In the past three years, I've learned that the overwhelming majority of contractors do want to succeed in building diverse workforces. And, I've learned that employment discrimination is still far too common in our country, that we still need affirmative action to make sure that vulnerable workers have the opportunity to find, secure and succeed in meaningful jobs," said Shiu during a video-taped welcome to the conference. "That's why we have to update regulations that have sat on the shelf for nearly 40 years and, in some cases, aren't working as they were intended. That's why we have to modernize the way we collect and disseminate data about the workforce and about our enforcement activities. That's why we have to change the way we conduct compliance reviews, to enforce the entirety of the law and not just one narrow aspect."

 

For information on the affirmative action services offered by THOMAS HOUSTON associates, inc., please call (800) 330-9000 or click here to schedule a convenient time to receive a call from a member of our Sales Team.

Read Director Shiu's full address

 

Read more about the NILG

 

 

OFCCP Leaves No Stone Unturned with Detailed Applicant Documentation Requests

Recent desk audits conducted by the Office of Federal Contract Compliance Programs (OFCCP) include broad follow up requests to provide extensive detail regarding the applicant selection process.

 

Following is an example of one follow up request for one position:

"All documentation (including any hand written notes and or emails)" regarding:

• who made determinations during the selection process (i.e. who made the determination to phone screen);
• interview decisions (i.e. who to forward, who would receive an offer);
• applicant decisions (i.e. not to be considered, to be considered for other positions, to withdraw from the selection process)

"All documentation (including any hand written notes and or emails)" taken during:

• screening
• interviews

"All documentation (including any hand written notes and or emails)" to show that [specified applicants]:

• did not want to be considered;
• did not meet the salary requirements;
• were not a good fit;
• were overqualified;
• did not meet minimum qualifications;
• refused work hours; and/or
• were unable to be contacted.

In anticipation of responding to a similar request, it is important to keep the following objectives in mind:

• Use control measures to ensure all records of selection activity and related documentation are objective and centrally contained; with no extraneous e-mails or personal notes;
• Use position requisition numbers to clearly identify applicants related to each position;
• Follow a consistent process* that includes disposition codes to manage the size and accuracy of applicant flow;
• Use applicant disposition codes that are related to the stated position qualifications;
• After a position is filled, review all applicant records for the position to ensure a disposition code as been assigned.

THOMAS HOUSTON associates, inc. can assist you in meeting the challenges that will arise as a result of the upcoming OFCCP's regulatory efforts. We offer pro-active and proven compliance tools and methods.

*Click Here to request a copy of our "Recommended Applicant Process Flow Chart"

For information on the Affirmative Action Program services offered by THOMAS HOUSTON associates, inc., please call (800) 330-9000 or click here to schedule a convenient time to receive a call from a member of our Sales Team.

This information is intended to be educational and should not be considered legal advice on any specific matter.