The Department of Labor’s Office of Federal Contract Compliance Programs (“OFCCP”) has now opened its Contractor Portal for the 2024 Affirmative Action Program (“AAP”) certification period with a deadline of July 1, 2024.
As previously discussed on this blog, a recent OFCCP policy requires supply and service contractors and subcontractors to use the Contactor Portal to register and certify their AAP compliance. OFCCP’s Directive 2018-07, which sets forth OFCCP’s plans and objectives for the AAP verification process, states that the certification will allow OFCCP to incorporate AAP certification information as a criterion in its methodology for scheduling compliance evaluations, such that entities that have not developed and maintained AAPs are more likely to be scheduled for compliance reviews. The Directive also forecasts that the annual certification requirements “could later take the form of annual submission of AAPs to OFCCP for review.”
At this time, federal contractors and subcontractors that meet the OFCCP’s jurisdictional thresholds are required to register and annually certify that they have developed and maintained an AAP in accordance with all applicable OFCCP requirements. The deadline to complete the 2024 certification is July 1, 2024.
For covered contractors and subcontractors that have not yet made their AAP certification, OFCCP has made a number of resources available, including a user guide, webinar, and FAQ — as well as a help desk and hotline (1-800-397-6251). The Covington team is similarly available to discuss whether these requirements are applicable to your entity, and to assist with the certification process more generally.