New FAAP Guidelines Approved by OMB

On
May 9, 2016 the OFCCP announced the OMB approval of the new Functional
Affirmative Action Plan (FAAP) guidelines effective April 28, 2016.  The new
guidelines
, now 2013-01 Revision 1, are effective until April 30, 2019, and primarily
consolidated and tightened up the former guidelines.  The most interesting change is the fact that
contractors no longer renew their FAAP agreements but rather “certify” them.  While the term “certify” is not defined, the
requirements for certification are similar to those used for renewing.

Other changes include:

  • A new “Roles and Responsibilities” section which
    provides that it is “the responsibility of the Division of Program Operations
    (DPO) to review and recommend approval of contractor requests to develop,
    implement and maintain AAPs.”
  • A renumbered Section 7 (d) which now places the burden
    on contractors to notify OFCCP after the OFCCP Director has approved the
    contractors’ FAAPs.
  • The elimination of a requirement that OFCCP notify
    contractors within 10 days that it received a FAAP request.
  • The OFCCP conference with the contractor is no
    longer mandatory but will be scheduled if deemed necessary by The FAAP Branch
    although contractors will still discuss the items on Attachment B and C for
    OFCCP’s consideration.

Contact your Fortney Scott attorney if you have any
questions.