The OFCCP announced a new Functional Affirmative Action Plan (FAAP) directive this week, which is effective as of April 28, 2016 through April 30, 2019. Although largely unchanged, there are some important updates for federal contractors to note regarding the application and maintenance processes of a FAAP agreement.
Previously, the guidance from the OFCCP was that to be eligible for a renewal of an existing FAAP agreement, the contractor must have had at least two functional units undergo a compliance evaluation during the three-year term of the agreement. Now, contractors are told that by having an approved FAAP agreement, they will undergo at least one compliance evaluation during the agreement period, which is not guaranteed of contractors developing establishment-based plans. Additionally, instead of requiring a conference to review and discuss the FAAP application materials, the FAAP unit now engages in FAAP negotiation processes that may not warrant a conference.
Updated FAQs on the FAAP program have not yet been released. Because there are few modifications resulting from the new directive, contractors may consider referencing the existing FAQs, keeping in mind the above noted changes.
By Keli Wilson, Principal Consultant, and Jana Garman, Consultant, at DCI Consulting Group