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OFCCP Releases Description of “What Contractors Can Expect”

It has been a busy morning on the first day of the 2018 ILG National Conference in Anaheim, California.  After a dramatic and moving opening presentation, OFCCP Acting Director Craig Leen gave the morning’s Keynote address.  Echoing the conference’s “Navigating the Waves of Change” theme, Acting Director Leen spoke to the group about the four pinnacles of change the current administration is focused on, which are:

  1. Transparency

  2. Certainty

  3. Efficiency

  4. Recognition

Shortly after his address, in furtherance of this message, Acting Director Leen shared a document entitled “What Federal Contractors Can Expect.”  While not formally titled as such, this is likely what has previously been previewed as the “Contractor Bill of Rights.”  The expectations mirror the concepts and sentiments of Acting Director Leen’s remarks and sets out a commitment from OFCCP that

Contractors seeking OFCCP’s assistance with satisfying their nondiscrimination and equal employment opportunity obligations can expect clear, accurate, and professional interactions with OFCCP’s staff.

Additionally, the two page document sets out the following of expectations from OFCCP:

  • Access to Accurate Compliance Assistance Material

  • Timely Responses to Compliance Assistance Questions

  • Opportunities to Provide Meaningful Feedback and Collaborate

  • Professional Conduct by OFCCP’s Compliance Staff

  • Neutral Scheduling of Compliance Evaluations

  • Reasonable Opportunity to Discuss Compliance Evaluation Concerns

  • Timely and Efficient Progress of Compliance Evaluations

  • Confidentiality

We will be sure to keep you posted about this, and other developments, as we continue to hear more from Acting Director Leen and other OFCCP personnel at the conference. So, as always, stay tuned.

Jackson Lewis P.C. © 2020


About this Author

Laura Mitchell, Jackson Lewis, Management Representation lawyer, Contractual Drafting Attorney

Laura A. Mitchell is a Principal in the Denver, Colorado, office of Jackson Lewis P.C. She represents management exclusively in all areas of employment law, focusing on affirmative action and government contractor compliance.

Ms. Mitchell is a Principal in the firm’s Affirmative Action and OFCCP Defense practice group, representing government and non-government contractors in Office of Federal Contract Compliance Programs (OFCCP) matters, preparing for and defending OFCCP audits, and counseling employers on issues stemming...