The OFCCP issued a new directive, DIR 2022-02 “Effective Compliance Evaluations and Enforcement” with the mission of promoting effective enforcement to advance equal employment opportunity. This directive rescinds and replaces several previous directives, including DIR 2018-06 Contractor Recognition Program, DIR 2018-08 Transparency in OFCCP Compliance Activities, DIR 2020-02 Efficiency in Compliance Evaluations, and DIR 2021-02 Certainty in OFCCP Policies and Practices. The new directive outlines “enhancing” compliance evaluation scheduling procedures “to reach a broader universe of contractors.” The directive also states the agency will eliminate delaying scheduling for 45 days after the issuance of a CSAL, now the OFCCP “may begin scheduling contractors upon the publication of the CSAL.” The directive describes contractors’ obligations during compliance evaluations regarding timely submissions of AAPs, support data, and supplemental information, as well as providing the agency access to records, unredacted contact information, employees, applicants, and other witnesses. The directive also highlights utilizing the new Contractor Portal, and reinforces that when contractors certify compliance annually, they are certifying that they have developed and maintained complete AAPs in compliance with OFCCP’s requirements.
