February 17, 2020

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OFCCP Releases FAQs for Campus-Type Environments

Avid readers have seen that OFCCP has been busy this summer.  In August alone, the Agency attended the 2019 ILG National Conference in Milwaukee, issued FAQs on student workers, proposed a new rule regarding religious exemptions, introduced a new Ombudsperson, opened a contractor assistance portal and issued multiple technical assistance guides.  But, OFCCP is not content merely coasting through the end of its fiscal year (on September 30).

Instead, OFCCP continues to issue additional guidance to contractors.  In a cleverly-titled “Back to School Update”, OFCCP unveiled new FAQs addressing preparation of AAPs that cover a campus environment.  The Agency noted common employers with campus environments include educational institutions, hospitals, and information technology companies, among others.  When an employer has multiple buildings or “work locations” in close proximity, there has often been an unresolved question – is it one establishment or many?

The Agency’s official position has been “[i]n appropriate circumstances, OFCCP may consider as an establishment as a single building or several facilities located at two or more sites when the facilities are in the same labor market or recruiting area.” But the recent FAQ’s provide additional guidance.

Specifically, OFCCP has clarified that employers may combine multiple buildings into a single establishment AAP, if the operations across those buildings are interconnected.

Similarly, contractors may conclude various buildings within a campus environment are operationally distinct and should be included in separate AAPs.   The FAQs provide a guideline of factors to assist contractors in assessing their situation.

This is not to be confused with the Agency’s Functional Affirmative Action Plan (FAAP) program which offers an alternative to establishment based affirmative action plan development.

These FAQs are new, so it may take some time to see them in action, but contractors with campus environments may want to evaluate if this new guidance provides a good affirmative action plan alternative for their organization.


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...

Christopher T. Patrick employment lawyer Jackson Lewis

Christopher T. Patrick is a Principal in the Denver, Colorado, office of Jackson Lewis P.C. His practice focuses equal employment opportunity, including proactive pay equity analyses, compliance with regulations promulgated by the Office of Federal Contracts Compliance Programs (OFCCP), statistical analyses of potential discrimination in employment practices, and defending employment practices in OFCCP audits and investigations.

While attending law school, Mr. Patrick served as on the Editorial Board for The Journal for the National Association of Administrative Law Judges

Prior to joining Jackson Lewis, Mr. Patrick practiced in boutique firms in Los Angeles and Denver and centered his practice on civil litigation, including issues of employment discrimination, non‑competition agreements, protection of intellectual property rights, and other employment-related issues.