In addition to our Week In Review (WIR) and OFCCP Compliance Alerts, we recently added a subcategory called Compliance Tips. These posts are quick snippets of advice for federal contractors, provided by a variety of field experts. This tip comes from special guest Joyce Morgan, Owner of Morgan Consulting Services, LLC and former Deputy Regional Director at the United States Department of Labor.
Today’s OFCCP Compliance Tip: Implement and Monitor
The time has come when all Federal contractors are now subject to OFCCP’s new regulations governing protected veterans and Individuals with Disabilities (IWDs) — regardless if your AAPs began in January, or February or March. OFCCP has strengthened their enforcement actions and now it is time to implement and monitor. OFCCP’s regulations now have real authority; not just ‘shoulds’ where it was sometimes confused with ‘shalls’ — but clearly state shall and will. In a few cases, the regulations say “may” so that is taken as an option; not required. The “shall” and “will” leave no doubt that the actions are expected to not only be implemented but measured. While OFCCP has always suggested monitoring, and the regulations have always required an audit and reporting system, the intent now is to enforce these expectations through citing violations and resolving in Conciliation Agreements. Given the Executive Order on Fair Pay and Safe Workplaces, it would be unwise to take a chance on such an enforcement document.
Quarterly monitoring is recommended where there are ample employment opportunities; semi-annual is a must for all. Waiting until the expiration of an AAP year to evaluate progress made toward compliance with these regulations subjects the company to an enforcement document for, at a minimum, a violation for effective outreach and at a maximum – monetary liability for allegations of discrimination against these two protected groups.
