OFCCP Director Notes Accomplishments in Labor Day Message to Field Staff

Email reportedly sent to OFCCP Staff

Friday, September 2, 2011

Dear Colleagues,

Before you head out for the long weekend, I want to thank you for all your great work over this very busy summer!
Since Memorial Day, we restored the FAAP, closed several major cases (AstraZeneca, ThyssenKrupp, and Alcoa) and went after the big cheese. We took a major step forward on our proposed rule to strengthen VEVRAA and asked for input on a game-changing data tool to strengthen our hand in fighting pay discrimination. We said hello to a team of incredible summer interns and bid a fond farewell to several cherished members of the OFCCP family. We hosted a productive gathering of all managers and engaged in an important dialogue at the Industry Liaison Group’s national convention. And at a time when all of us in government are tightening our belts to cut costs, OFCCP is about to save taxpayers $39 million by updating our electronic case management system. Not bad for the dog days of summer!
I’m so proud of what we have accomplished together and I take every opportunity to tell the Secretary and our stakeholders about my fantastic team of nearly 800 men and women who are on the front lines of protecting workers, promoting diversity and enforcing the law. Earlier today, I spoke at the DOL Civil Rights Center ’s 20th Annual Training and Symposium. I referenced the great Dr. Dorothy Height in reminding the audience that laws without enforcement are just words on a piece of paper. We are the people who bring those words to life. We are the ones who give them meaning and power.
This week, I’m pleased to announce two new additions to our senior leadership team. I hope you will join me in welcoming Cynthia Spishak and Harry Council to the Division of Management and Administrative Programs. Cynthia is DMAP’s new Deputy Director and Harry serves as our Branch Chief for Information Technology. You can read more about them below.
Finally, I want to share with you a Labor Day message from Secretary Solis on the “State of the American Worker.” This weekend, whether you are lying on a beach, standing over a barbeque grill, spending time with family or taking advantage of a good sale, I hope you will pause to remember what Labor Day is all about. I hope you will think of the workers we serve and the ethic of hard work and fair play that has made our nation the lamplight of the world.
Here at DOL, every day is Labor Day. For all of the work you do – on behalf of the workers – I thank you. Have a great weekend!
Pat

OFCCP Restores and Updates Functional Affirmative Action Program

U.S. Department of Labor
Office of Federal Contract Compliance Programs

OFCCP has released a new directive to outline the process by which federal supply and service contractors can apply for Functional Affirmative Action Program (FAAP) agreements. The new guidance rescinds the Administrative Notice/Functional AAP, issued March 21, 2002, and ends a year-long suspension in the acceptance of requests to develop or renew FAAP agreements while the program was under review.
“The FAAP is back and better than before,” said OFCCP Director Patricia Shiu. “Over the past year, I have listened to comments from the contractor community and employee groups and determined that the FAAP is a useful tool for ensuring that federal contractors and subcontractors meet their obligations to provide equal employment opportunity for everyone.”
OFCCP’s new directive includes significant changes to the FAAP application and approval process. Consequently, all contractors who currently have an approved FAAP agreement will be required to renew their agreement in accordance with the new guidance. In addition to the directive, a set of answers to frequently asked questions about the FAAP is available on the OFCCP website at http://www.dol.gov/ofccp/regs/compliance/faqs/faapfaqs.htm
Read the Labor Department's press release about this program.

http://www.dol.gov/ofccp/OFCCPNews/LatestNews.htm#news3

OFCCP Hosts Webinar on Functional AAPs

The U.S. Department of Labor,Office of Federal Contract Compliance Programs, is hosting a webinar on August 9, 2011 entitled "How to Comply with the New Functional Affirmative Action Program (FAAP) Agreement Directive Published June 14, 2011." OFCCP The webinar is 90 minutes long and includes a half hour of question and answers. According to OFCCP:

"This webinar is designed to provide an overview of the key changes to the FAAP Directive and the procedures for requesting, renewing, modifying and terminating FAAP agreements. The regulations implementing Executive Order 11246 at 41 CFR 60-2.1 (d) (4) permits federal supply and service contractors to develop affirmative action programs (AAPs) that are organized around distinct business functions or lines of business rather than AAPs based on contractor establishments. Under the regulation, federal contractors must have an agreement approved by the OFCCP Director to develop and operate under a FAAP."

For more information and to register, go to: http://www.dol.gov/ofccp/Presentation/FAAPWebinarPromo-08-09.htm

OFCCP Issues New FAAP Directive

Jackson Lewis Employer Alert

The Office of Federal Contract Compliance Programs (OFCCP) has issued a new FunctionalAffirmative Action Plan (FAAP) directive that governs the application, updating, modification,renewal, and administration of FAAP Agreements. FAAP Agreements permit covered federalcontractors to develop affirmative action plans (AAPs) along functional or business units ratherthan by physical establishment. The directive is effective June 14, 2011. The release of thedirective ends OFCCP’s lengthy moratorium on considering new requests for, and modificationsto, FAAP Agreements.Under the federal affirmative action regulations, covered contractors are obligated to include allemployees in a written affirmative action plan (AAP) and maintain a separate plan for eachphysical establishment of at least 50 employees. This method of constructing AAPs is known asthe “establishment model.” But the affirmative action regulations permit covered contractors todevelop AAPs based on functional or business units rather than by establishment. AAPs preparedin this fashion are known as functional affirmative action plans or FAAPs. However, beforecontractors can prepare FAAPs, they must secure permission from, and enter into a FAAPagreement with, OFCCP.

Full Story: email AAAA at execdir@affirmativeaction.org.

US Labor Department restores and updates Functional Affirmative Action Program process for federal contractors and subcontractors

U.S. Department of Labor For Immediate Release June 28, 2011
Office of Public Affairs Contact: Jason Surbey Dolline Hatchett
Washington, D.C. Phone: 202-693-4668 202-693-4651
Release Number: 11-973-NAT Email: surbey.jason@dol.gov hatchett.dolline@dol.gov


US Labor Department restores and updates Functional Affirmative Action Program process for federal contractors and subcontractors

WASHINGTON – The U.S. Department of Labor’s Office of Federal Contract Compliance Programs has released a new directive to outline the process by which federal supply and service contractors can apply for Functional Affirmative Action Program agreements, which can be viewed at http://www.dol.gov/ofccp/regs/compliance/directives/dir296.htm.

“The FAAP is back and is better than before,” said OFCCP Director Patricia A. Shiu. “Over the past year, I have listened to comments from the contractor community and employee groups, and determined that this is a useful tool for ensuring that federal contractors and subcontractors meet their obligations to provide equal employment opportunity for everyone. I am pleased to share updated guidance that responds to the feedback we received while also renewing our commitment to ensuring discrimination-free workplaces.”

Under Executive Order 11246, any company with 50 or more employees and a federal contract of $50,000 or more is required to develop a written affirmative action program for each of its establishments. An AAP helps contractors identify and analyze potential disparities related to the employment of women and minorities. Where disparities exist, contractors can use AAPs to articulate specific procedures they will follow and good faith efforts they will make to provide equal employment opportunities. FAAP agreements allow large contractors the flexibility to create AAPs by functional or business units rather than by individual establishments. For example, a company could develop an affirmative action program for all sales associates across multiple offices in different states as opposed to creating one for each work site.

OFCCP reviewed its policies regarding the FAAP process and made significant changes, including requiring written approval by the agency’s director before contractors can begin developing FAAP agreements, thereby eliminating the provision for automatic approval if OFCCP failed to act upon the request within 120 days; changing the expiration date for each agreement from three to five years, at which point a renewal will have to be approved; and adding the possibility of a compliance evaluation by OFCCP should contractors fail to submit the required annual updates to their agreements.

All contractors who currently have an approved FAAP agreement will be required to renew it in accordance with the new guidance. Contractors without these agreements should continue to maintain and develop establishment-based AAPs. Answers to frequently asked questions about the FAAP can be found at http://www.dol.gov/ofccp/regs/compliance/faqs/faapfaqs.htm.

The new guidance rescinds a previous directive, Administrative Notice/Functional AAP, issued March 21, 2002, and ends a yearlong suspension in the acceptance of requests to develop or renew FAAP agreements while the program was under review.

In addition to Executive Order 11246, OFCCP’s legal authority exists under Section 503 of the Rehabilitation Act of 1973 and the Vietnam Era Veterans’ Readjustment Assistance Act of 1974. As amended, these three laws hold those who do business with the federal government, both contractors and subcontractors, to the fair and reasonable standard that they not discriminate in employment on the basis of gender, race, color, religion, national origin, disability or status as a protected veteran. For more information, call OFCCP’s toll-free helpline at 800-397-6251 or visit http://www.dol.gov/ofccp.
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U.S. Department of Labor releases are accessible on the Internet at http://www.dol.gov. The information in this news release will be made available in alternate format (large print, Braille, audio tape or disc) from the COAST office upon request. Please specify which news release when placing your request at 202-693-7828 or TTY 202-693-7755. The Labor Department is committed to providing America ’s employers and employees with easy access to understandable information on how to comply with its laws and regulations. For more information, please visit http://www.dol.gov/compliance.

OFCCP Issues Notice of FAAPs

Office of Federal Contract Compliance Programs (OFCCP)
FAAP Notice

OFCCP is not accepting any new requests to develop or to renew Functional Affirmative Action Program (FAAP) agreements at this time. The agency is currently reviewing its policies regarding the FAAP process. We will issue new guidance in the near future. Until such guidance is issued, contractors without FAAP agreements should continue to develop and maintain establishment-based AAPs. Contractors with approved FAAP agreements should maintain their functional unit AAPs and operate under their current FAAP agreement. If significant changes occur in the normal order of business for contractors with existing FAAP agreements, such as mergers, acquisitions, divestures, and recent changes, these should be reported to the FAAP Director for appropriate actions, as per the agreement. OFCCP will notify contractors when new guidance is published.

http://www.dol.gov/ofccp/FAAP_Notice.htm