OFCCP Signals Much Tougher Stance in New Directives
Summary
A cynical person might assume contractors seeking these deadline extensions in audits simply had not actually evaluated their hiring or compensation data and needed extra time to catch up. The new directive reiterates that, apparently because at some point someone advanced a legal theory that the OFCCP is limited to gathering things enumerated in the scheduling letter and itemized listing, and under the previous administration there was perhaps some sympathy for that argument. Current employees may have any number of reasons to prefer not to participate without any “signals” from the employer, but without knowing who the agency intends to contact, that could drastically change the way contractors need to handle OFCCP audits, which are not typically overly publicized. Some “Clarification” Regarding the New AAP-VI After years of hard work, the OFCCP has finally arrived at effectively duplicating existing affirmative action program certification processes of other agencies, potentially in violation of the Paperwork Reduction Act, but we digress. While there is always some degree of swing with political changes in the administration, it is important to keep in mind that much of what former Director Leen implemented was in response to a Congressional investigation into the OFCCP’s practices at the time, characterized by some federal lawmakers as out of control.
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