October 26, 2020

Volume X, Number 300


October 26, 2020

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OFCCP Drops Its New Compliance Assistance Guides

On August 2, 2019, the Office of Federal Contract Compliance Programs announced the release of its new compliance assistance guides. Among the new guides are:

  • OFCCP At A Glance, which introduces and provides an overview of OFCCP, “its mission, the equal employment opportunity laws it enforces, an overview of federal contractor obligations, and workers’ rights.”
  • What Federal Contractors Can Expect, which “provides general expectations that guide interactions between contractors and OFCCP.”
  • Construction Technical Assistance Guide, which “is being updated and is coming soon,” provides a general overview of construction contractors’ obligations.
  • Applicant Tracking Guide, which “provides the definitions for Internet and traditional applicants, identifies applicant records that contractors must keep, and provides other key terms to know.”
  • Applicant Tracking FAQs, which includes answers to frequently asked questions (FAQs) concerning contractors’ obligations with regard to applicants.
  • Postings and Notices Guide & Checklist , which includes the posting and notice requirements with which contractor must comply.
  • EO 11246 Recordkeeping Guide, which identifies the records that covered contractors must keep under Executive Order (EO) 11246 and explains the duration of the retention requirements.
  • Section 503 Recordkeeping Guide, which identifies the records that contractors must keep under Section 503 of the Rehabilitation Act and how long contractors must keep these records.
  • VEVRAA Recordkeeping Guide, which identifies the records contractors are required to keep under the Vietnam Era Veterans’ Readjustment Assistance Act (VEVRAA) and how long contractors must keep them.

OFCCP’s announcement states that it developed these guides as a result of its 2017 Town Hall Action Plan and stakeholder engagement. These updated guides should be helpful to federal contractors and subcontractors seeking to understand OFCCP’s regulations and initiatives.

© 2020, Ogletree, Deakins, Nash, Smoak & Stewart, P.C., All Rights Reserved.National Law Review, Volume IX, Number 214



About this Author

Leigh Nason, Federal Contractors, OFCCP, Ogletree Deakins, Shareholder, Attorney

Leigh Nason is a shareholder in the Columbia, South Carolina office of Ogletree, Deakins, Nash, Smoak and Stewart, P.C., and chairs the firm’s Affirmative Action/OFCCP Compliance Practice Group.  She currently devotes the majority of her practice to representing federal contractors and subcontractors in compliance evaluations and administrative enforcement actions triggered by the United States Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP).

T. Scott Kelly, Defense Contracting Attorney, Shareholder, Ogletree Deakins Law firm

Scott Kelly provides practical solutions for federal contractors and subcontractors across the United States to comply with the ever-changing affirmative action obligations imposed by doing business with the federal government.  He advocates on behalf of his clients in compliance evaluations and administrative enforcement actions triggered by the United States Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP).  Mr. Kelly assists manufacturing, transportation, construction, food processing, hospitality, healthcare, and financial institutions with creative solutions for preparing, managing, and defending their affirmative action programs and related matters, including jurisdictional analyses and preventative strategies.  Mr. Kelly spends a majority of his time investigating and resolving systemic discrimination issues stemming from statistical disparities in hiring and compensation and helps find solutions to minimize back pay liability and other sanctions imposed by OFCCP.  Mr. Kelly has also litigated numerous employment-related claims before courts and administrative agencies.

Hera S Arsen PhD
Managing Editor of Firm Publications

Hera S. Arsen, J.D., Ph.D., is Managing Editor of the firm's publications, overseeing the firm's print and online legal publications and content. Hera, who joined Ogletree Deakins in 2003, is directly responsible for writing and editing the firm's national legal content, including coverage of federal agencies and the Supreme Court of the United States. She also oversees the Ogletree Deakins blog, which covers the latest legal news from over 20 practice-areas and jurisdictions. As leader of the firm's blog, Hera writes blog posts on a variety of legal issues, edits...