New OFCCP Directives: What Federal Contractors Need to Know


In this ALI-ABA webinar, Thomas A. Cox Jr., and Peter M. Stein, Members of the Firm, will be joined by Joe N. Kennedy, of The Kennedy Group, Silver Springs, MD.

The Office of Federal Contracts Compliance Programs (OFCCP) recently strengthened its enforcement efforts by implementing a new auditing process for federal contractors' Affirmative Action Programs (AAPs), announced in Directive 295 and effective January 1, 2011. Moreover, in Directive 293, the OFCCP also clarified just when and how health care providers might be considered federal contractors and thus subject to the OFCCP requirements to prepare AAPs.

The OFCCP's enforcement initiatives center on the ACE program, or the "Active Case Enforcement" process. Now, regardless of your client's status, efforts, or record of compliance, the OFCCP will be performing full desk audits as part of each contractor's AAP compliance review. And the OFCCP will now measure your client's AAP effectiveness by using any one or a combination of any or all of the following investigative procedures:

  • Compliance Review
  • Offsite Review of Records
  • Compliance Check
  • Focused Review

For more information, visit the ALI-ABA website.