OFCCP has a number of initiatives planned for 2023 that will have a significant impact on federal contractors. While not implemented (yet), here is a peek at what’s coming:
- Corporate Scheduling Announcement List (Q1 2023). The audit list is expected to focus on contractors that failed to certify compliance using AAP-VI (or those who certified late).
- Overhaul of OFCCP’s Scheduling Letter (Q2 2023). Proposed changes include a request for a second employee-level compensation data “snapshot,” which would include data for staffing agency employees, along with proof that contractors evaluated their “compensation system(s) to determine whether there are gender-, race-, or ethnicity-based disparities.” OFCCP is currently accepting comments on this proposal.
- OFCCP’s Modernizing Affirmative Action Rule (Q2 2023). This proposed rule will overhaul OFCCP’s 60-2 regulations, and may include topics such as the disaggregation of a single “minority” placement goal into race and ethnicity subgroups; the rules governing establishment-based AAPs; and the collection and reporting of non-binary gender data.
Lastly, don’t forget that OFCCP will once again be asking contractors to certify compliance using AAP-VI, probably in Q2 of this year. Please stay tuned to this page for more developments as they occur!