US Department of Labor issues directive promoting effective enforcement to advance equal employment opportunity, greater compliance
WASHINGTON – The U.S. Department of Labor today announced that its Office of Federal Contract Compliance Programs has issued a directive to promote effective enforcement and greater federal contractor compliance with equal employment opportunity laws.
As part of its enforcement efforts, OFCCP conducts compliance evaluations of federal contractors to identify and remedy systemic barriers to opportunity and promote compliance. The directive issued today – DIR 2022-02: “Effective Compliance Evaluations and Enforcement” – provides updated guidance on the agency’s compliance evaluation policies and expectations for contractors.
The directive will strengthen the agency’s compliance evaluations and reduce delays by promoting the timely exchange of information. It also explains OFCCP’s updated policies regarding its scheduling of contractors for compliance evaluations, including enhancing the agency’s neutral scheduling procedures to reach a broader universe of federal contractors and eliminating scheduling delays.
“The directive we issued today will enhance our ability to use strategic enforcement to help more workers,” said Office of Federal Contract Compliance Programs Director Jenny R. Yang. “By providing transparency and clarity on OFCCP’s policies and expectations, the directive will foster consistent accountability and avoid delay in compliance evaluations. It will also promote a proactive approach to compliance by federal contractors.”
“OFCCP is committed to regular and open communication with federal contractors to discuss any concerns identified and to facilitate a prompt and successful resolution of compliance reviews,” added Yang.
The directive also describes expectations regarding the timely production of affirmative action programs and support data, which provide the foundation for OFCCP’s evaluation of a contractor’s employment practices. The directive makes clear that when covered contractors use the Contractor Portal to certify compliance with their affirmative action program obligations annually, they are certifying that they have developed and maintained complete programs in compliance with OFCCP requirements. The directive also describes the agency’s expectations regarding contractors’ timely submission of other information relevant to the compliance evaluation, as well as access to employees, applicants and other witnesses.
DIR 2022-02 provides updated guidance on OFCCP’s policies on compliance evaluations and reaffirms the agency’s commitment to providing transparency, efficiency and clarity in its compliance evaluation process. The directive rescinds and replaces four prior directives:
- Directive 2018-06: “Contractor Recognition Program” (Aug. 24, 2018)
- Directive 2018-08: “Transparency in OFCCP Compliance Activities” (Sept. 19, 2018)
- Directive 2020-02: “Efficiency in Compliance Evaluations” (April 17, 2020)
- Directive 2021-02: “Certainty in OFCCP Policies and Practices” (Dec. 11, 2020)