On Friday, the Office of Federal Contractor Compliance Programs released three policy directives providing federal contractors and their employees with greater certainty on how OFCCP conducts compliance evaluations and investigations, in general and in particular fact-based scenarios. The directives include:
- Early Resolution Procedures: In this directive, OFCCP formalizes its Early Resolution Procedures, or ERP. With ERP, OFCCP and contractors can agree to reduce the length of compliance evaluations by resolving problems, including systemic issues, quickly. ERP also introduces an approach for OFCCP and contractors to limit potential contractor liability and effect corporate-wide actions.
- Opinion Letters and Help Desk: To enhance its compliance assistance efforts, OFCCP will begin using Opinion Letters and making certain Help Desk inquires and responses searchable to the public through OFCCP’s website.
- Evaluation Procedures: This directive rescinds the agency’s Active Case Enforcement (ACE) Procedures. Going forward, compliance evaluations of federal contractors will be conducted in accordance with the Federal Contract Compliance Manual and, as needed, with agency guidance.