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OFCCP Issues Two New Directives


Both Directives address OFCCP transparency

Directive 2018-08 – Transparency in OFCCP Compliance Activities

The purpose of the Directive is to “ensure transparency in all stages of OFCCP compliance activities to help contractors comply with their obligations and know what to expect during a compliance evaluation, and to protect workers from discrimination through the consistent enforcement of OFCCP legal authorities.” OFCCP will:

• “Be transparent and collaborative in educating contractors about how to comply with their requirements; • Conduct high quality, consistent, and efficient compliance evaluations; • Ensure there is open communication, cooperation, and intent to minimize unnecessary burden; • Make considerable efforts to resolve violations through conciliation; and • Stand ready to pursue litigation vigorously when necessary.”

The Directive identifies the roles and responsibilities of OFCCP staff and addresses transparency during each of the following stages of the compliance evaluation.

• Scheduling • Pre-Desk Audit • Desk Audit • Pre-Onsite • Offsite Analysis • OFCCP Conciliation Efforts

Directive 2018-09 – OFCCP Ombud Service

The Ombud Directive “launches a program to create an impartial and independent Ombud Service to facilitate the fair and equitable resolution of specific types of concerns raised by OFCCP external stakeholders. Though there are not ramifications for contacting OFCCP, we want to be sure contractors always have a line of communication they feel they can trust to ask questions or raise concerns.”

“An OFCCP Ombud Service would fill this gap and fit squarely within OFCCP’s broader initiative to improve transparency in its compliance evaluation and compliance assistance activities. The Ombud Service would bring an impartial and independent perspective to facilitate communication with external stakeholders on OFCCP matters in collaboration with OFCCP regional and district offices.”

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