OFCCP is fully funded by latest appropriations legislation

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But how will it spend all that money?

On February 3, President Trump signed an appropriations bill that allocates $100 million to the Office of Federal Contract Compliance Programs through September. This amount is similar to the OFCCP’s past annual allowances and is only $11 million less than the allocation for the prior fiscal year.

The Trump Administration approved this substantial funding for the OFCCP despite

Currently, the OFCCP is responsible for ensuring that contractors comply with Section 503 of the Rehabilitation Act and the Vietnam Era Veterans’ Readjustment Assistance Act. These laws require contractors to develop annual affirmative action plans for individuals with a disability and protected veterans. Contractors are also obligated to collect data from applicants and employees, and to analyze various workforce and hiring metrics on an annual basis.

Contractors should prepare now

It is unclear how the OFCCP will use the budgeted funds, given the developments described above. However, contractors should be prepared in the event of a resumption of enforcement activity.

We recommend that contractors continue to comply with Section 503 and VEVRAA obligations:

  • Develop annual affirmative action plans on a timely basis.
  • Solicit voluntary self-identification regarding disability and veteran status from applicants and employees.
  • Ensure that required postings, such as the Know Your Rights poster, are available to applicants and employees.
  • Review mental and physical job requirements for accuracy.
  • List all job openings with the local state unemployment agency (unless the position is to be filled internally, will last for 3 days or less, or is for executive/senior management).
  • Engage in good faith efforts to recruit individuals with a disability and protected veterans.
  • Assess the effectiveness of good faith recruitment efforts.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations. Attorney Advertising.

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