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OFCCP Proposes Changes for Contractors Using Functional Affirmative Action Programs

Author: Hera S. Arsen, Ph.D. (Torrance)

Published Date: September 13, 2018

On September 11, 2018, the Office of Federal Contract Compliance Programs (OFCCP) announced that it has proposed changes regarding functional affirmative action programs (FAAPs). These changes would establish more relaxed policies and procedures for contractors requesting and maintaining FAAP agreements.

A FAAP established under Directive 2013-01 is an affirmative action program (AAP) based on a business function or business unit rather than a contractor establishment. OFCCP touts functional AAPs as beneficial because they allow federal contractors to organize AAPs “to reflect how the company operates functionally and not where its facilities and people are physically located.”

According to OFCCP, the proposed directive would change the process by which contractors can request approval for a FAAP agreement so that it is “simple, fluid, and collaborative.”

OFCCP is seeking comments on the new proposal until November 13, 2018. We will provide updates as we learn of them on Ogletree Deakins’ Affirmative Action / OFCCP blog.

Hera S. Arsen, Ph.D.  (Torrance)

Hera S. Arsen, Ph.D.
Hera S. Arsen, J.D., Ph.D. is Senior Marketing Counsel overseeing the firm's print and online legal publications and content. Hera, who joined Ogletree Deakins in 2003, is directly responsible for writing and editing the firm's national legal content, including coverage of federal agencies and the Supreme Court of the United States. She also oversees the Ogletree Deakins blog, which covers the latest legal news from over 20 practice-areas and jurisdictions. As leader of the firm's blog, Hera...