OFCCP Issues New Directive to Resume Functional Affirmative Action Programs

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More than one year after the Labor Department's Office of Federal Contract Compliance Programs suspended approval of contractor requests to develop functional affirmative action programs (FAAPs) or to renew existing FAAPs, OFCCP has issued a new directive that explains how the agency now will process requests to establish AAPs based on business function or line of business instead of by geographic establishment, DOL announced June 28.

OFCCP suspended FAAP approvals last spring, and OFCCP Director Patricia A. Shiu told BNA in December that the agency was evaluating ways to make FAAPs more effective.

Signed June 14 by Shiu, the new directive supersedes one issued by OFCCP in March 2002 that memorialized the agency's FAAP procedures. Changes instituted by the new directive include an FAAP expiration period shortened to three years, the elimination of an automatic approval provision, and the possibility of OFCCP's conducting a compliance evaluation if a contractor fails to submit an annual FAAP update, DOL said.

According to DOL, OFCCP made “significant” changes to its FAAP policies and procedures in the new directive.

For example, unlike the 2002 guidance, the new directive provides that a contractor's functional or business unit “must” operate autonomously, include at least 50 employees, have its own managing official, and “have the ability to track and maintain its own personnel activity” in order to be “considered suitable” for an FAAP.

Text of OFCCP's functional AAP directive may be accessed at http://op.bna.com/dlrcases.nsf/r?Open=jaca-8j9nmt .


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