OFCCP updated this section to alert COs of the applicability of the final rule, “Nondiscrimination Obligations of Federal Contractors and Subcontractors: Procedures To Resolve Potential Employment Discrimination,” 85 FR 71553 (Nov. 10, 2020), which was recently codified.
Letters L-35, Predetermination Notice, and L-36, Notice of Violation, have been updated to reflect the final rule adopted December 10, 2020. This rule revises OFCCP's regulations applicable to procedures to resolve potential employment discrimination. FCCM Chapter 8 will be updated soon in keeping with the revised regulations.
OFCCP’s Federal Contract Compliance Manual (FCCM) has been updated! The Manual provides guidance for OFCCP’s compliance officers (“COs”) in conducting compliance evaluations, complaint investigations and providing federal contractors with compliance assistance. It has been updated throughout to reflect revisions to OFCCP’s regulations, changes in practices, and to ensure transparency and provide greater clarity for the user on a number of issues.
Provided in this Update Alert, by chapter, section, or document, is a list of the many changes that have occurred since the FCCM was last updated in 2014. Links are embedded to direct you to the start of each FCCM chapter, section, or directive or other identified document. We suggest that as you review the updates you read the entirety of the referenced section(s) in which an update occurred, (e.g. for Focused Reviews read Sections 1A, 1B and the Focused Review Directive), in order to better understand the full context of the update.
Updated equal opportunity clause requirements to include Section 503 and VEVRAA Regulations, and amendments to Executive Order 11246 (adding sexual orientation, gender identity and pay transparency protections)
Clarified “pre-onsite,” in the context of desk audit, and “onsite” when supplemental data requests are made beyond the desk audit stage but before going onsite (2B, 2C04)
Added onsite confirmation letter template
Referenced term “nonstatistical evidence” to align with current guidance on evidence (2E00)
Updated to include pay transparency discussion and onsite procedures (2E03b)
Updated procedures for interviews for when contractors wants to have a lawyer or management present. (2F00d-e)
Added and updated language describing the Section 503 and VEVRAA nondiscrimination and affirmative action requirements, where appropriate, including regulatory citations
Letters updated to reflect current regulatory citations and agency processes and practices.
Deleted Request for Literature Search because the process is no longer used
Added new and updated letter templates to assist COs
OFCCP COs and other staff are available to provide compliance assistance and answer your questions. Do not forget to visit our website at www.dol.gov/ofccp for available compliance assistance and informative materials. You may also call the Help Desk with your questions or request for assistance. Call OFCCP’s Toll⁃Free Help Line 1⁃800⁃397⁃6251 (TTY 1⁃877⁃889⁃5627).