Ballard Spahr LLP
David S. Fryman and Farrah I. Gold
February 25 2011
The Office of Federal Contract Compliance Programs (OFCCP) this week announced its new Active Case Enforcement (ACE) initiative, expected to lead to broader, more aggressive compliance investigations by the agency. OFCCP is the U.S. Department of Labor division charged with ensuring that federal contractors comply with Equal Employment Opportunity laws and Executive Orders.
ACE, effective January 1, 2011, replaces OFCCP’s Active Case Management (ACM) program. Whereas under ACM only the compliance review methodology was used, under ACE the OFCCP will use all of the compliance evaluation investigative methodologies specified in the regulations. These methodologies include the following:
Compliance review — a comprehensive analysis/evaluation of a contractor’s hiring and employment practices and written affirmative action program, and of the results obtained via affirmative action efforts;
Offsite review of records — an analysis and evaluation of the affirmative action program (or any part thereof) and supporting documentation, and other documents related to the contractor’s personnel policies and employment actions that may be relevant to a determination of whether the contractor complied with the requirements of Executive Order 11246, Section 503 of the Rehabilitation Act, and Vietnam Era Veterans’ Readjustment Assistance Act (VEVRAA);
Compliance check — a determination of whether a contractor has maintained records consistent with federal regulations; and
Focused review — an onsite review aimed at one or more components of a contractor’s organization or one or more aspects of a contractor’s employment practices.
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