Beginning this year, federal supply and service contractors and subcontractors will be required to certify that they have developed and maintained an affirmative action program (AAP) for each establishment. Previously, while most federal contractors have been required to have an AAP, they did not have to show that they met this requirement unless the Office of Federal Contract Compliance Program (OFCCP) specifically asked them to do so, such as in an audit. Now, all covered contractors must use the OFCCP Contractor Portal to certify, on an annual basis, that they have met the AAP requirement.
Contractors who are covered by this new requirement are all federal contractors and subcontractors with a supply or service contract of $50,000 or more and at least 50 employees. Currently, OFCCP is not requiring construction contractors to certify their AAP compliance.
Covered contractors can begin registering for access to the OFCCP Contractor Portal on February 1, 2022, and begin certifying their AAP compliance on March 31, 2022. The deadline for certifying compliance is June 30, 2022.
Now is the time for covered contractors to review and update their AAPs. If you need assistance with your AAP, or have any questions about OFCCP compliance, the labor and employment attorneys at Vandeventer Black LLP are available to assist your business.