U.S. Department of Labor Releases Updates To the Functional Affirmative Action Program

WASHINGTON, DC – The U.S. Department of Labor's Office of Federal Contract Compliance Programs (OFCCP) today released an opinion letter and FAQs to further the Department's efforts to increase the transparency and effectiveness of compliance assistance to help contractors meet their responsibilities for equal employment opportunity.

OFCCP's latest FAQs cover the Functional Affirmative Action Program (FAAP) recently reauthorized by the Office of Management and Budget, and an accompanying revised directive regarding FAAPs.  These FAQs provide further clarity on definitions related to FAAPs, as well as the application and maintenance of FAAP agreements. The Agency also issued an opinion letter clarifying whether recipients of revenue disbursed from the Federal Communications Commission's Universal Service Fund (USF) are federal contractors.

"The changes to the June 20, 2019, directive improve the application process for Functional Affirmative Action Program agreements and ease burdens associated with maintaining agreements. Contractors should review their business models and consider FAAPs as an alternative to the establishment-based affirmative action program structure. The Office of Federal Contract Compliance Programs is also pleased to issue its third opinion letter, continuing its commitment to providing more guidance and certainty to the stakeholder community," said Office of Federal Contract Compliance Programs Director Craig E. Leen.

OFCCP is a civil rights agency in the U.S. Department of Labor. It enforces Executive Order 11246, Section 503 of the Rehabilitation Act of 1973, and the Vietnam Era Veterans' Readjustment Assistance Act of 1974. Collectively, these laws prohibit federal contractors and subcontractors from discriminating on the basis of race, color, religion, sex, sexual orientation, gender identity, national origin, disability, or status as a protected veteran. Additionally, contractors must act affirmatively to ensure equal employment opportunity in their employment processes, and they must not discriminate against applicants or employees because they inquire about, discuss, or disclose their compensation or that of others, subject to certain limitations. For more information, please call OFCCP's toll-free helpline at 800-397-6251 or visit http://www.dol.gov/ofccp/.