Affirmative Action: News & Reminders

By Angela Adams, CEBS, SPHR, Director, Human Resource Services
Published November 29, 2022

Government contractors and subcontractors (“contractors”) subject to affirmative action regulations should be aware of a few initiatives from the Office of Federal Contract Compliance Programs (OFCCP), the division of the U.S. Department of Labor that monitors contractors for compliance.

Revision of Audit Letter

We will publish a more comprehensive article on this topic once we can fully study the proposed revisions, but just before the Thanksgiving holiday, the OFCCP released a proposal to significantly overhaul what an organization must submit when being evaluated for compliance with affirmative action regulations. If approved, these will be the first major changes since 2014, and they will present a serious burden to contractors undergoing a compliance evaluation (also sometimes referred to as an audit). The revisions must be approved by the Office of Management and Budget (OMB), and public comment is open until January 20, 2023. Just a few of the proposed changes include:

• When providing information on promotions, contractors would need to include the previous supervisor, current supervisor, previous compensation, current compensation, department, job group, and job title from which and to which each person was promoted.
• The OFCCP wants to expand the individual compensation information an organization must provide for all employees from the current affirmative action program (AAP) year to include the prior year, as well.
• Contractors will need to include specific information about the annual required compensation analysis, including the methods of analysis, among many other details.

Stay tuned for more information from us on this significant topic.

Reminder – OFCCP Required Postings

With the revision of the equal opportunity poster from the Equal Employment Opportunity Commission (EEOC), we thought it would be a good time to revisit what postings are required for contractors. 

• “Know Your Rights,” which replaced the longtime “EEO is the Law” poster and its supplement in October 2022.
• Pay Transparency Nondiscrimination poster.
• Individuals with disabilities/protected veterans Equal Opportunity statement.
• Notice of availability of the individuals with disabilities/protected veterans AAP (often combined with the previous bullet point).
• “Employee Rights Under the NLRA” poster.

If HR Source completes your AAP(s), we send copies or reminders about all the above each year, but please reach out to us if you need additional assistance. Some contractors may also be subject to postings on contractor paid sick leave and/or postings under the Service Contract Act/Davis Bacon Act. Generally, these would be contracts for construction or services, including those provided to federal employees; if you are a financial institution or are providing goods through your contract, they don’t apply except in rare circumstances. If you need help understanding whether you’re covered by the latter, or have any questions on affirmative action, please contact us. We can be reached by emailing info@hrsource.org or at 800-448-4584. 

Finally, stay tuned for more information about a webinar we have scheduled for January 11, 2023 to update everyone on what’s been happening in affirmative action.