January 2019 Newsletter

by Terri Swain

OFCCP is Open During Shutdown

During the government shut down, OFCCP is open (was funded prior to shut down) and EEOC is closed.  If you have an open EEOC charge, adhere to deadlines but don’t expect to talk to anyone at the agency.

OFCCP recently moved Acting Director Craig Leen to Director of the Agency.  He has been making many fast and furious changes. You can read all about them here:

Changes at the OFCCP

AUDIT ACTIVITY WILL TRIPLE THIS YEAR AND EXTENSIONS WILL NOT BE GRANTED

We’ve gone through our first round of audits over the Christmas holidays with new OFCCP leadership.  Even when the audit letter floated around the organization for two weeks before it reached the right person – NO EXTENSION!  Even though this company has had 5 audits – 3 of which were successfully closed with no violations – NO EXTENSION. Support data submission was given an extension but only 2 WEEKS.

Moral to the story: If you are covered under the Affirmative Action regulations – get your plan done and on time.  Be audit ready. 

If you’re not sure if you are a covered entity, give us a call or check it out with your business development folks.  Sometimes HR is the last to know that someone entered into a government contract/subcontract.  

OFCCP is searching for a method where contractors will submit their annual AAP


Currently, you are on scout’s honor to do your plan and do it on time.  It is not submitted unless you are under an audit, getting a really big contract, or state/municipality asks for it during the RFP process.

State Affirmative Action Plans

If you are doing business with state entities, there is an increasing number of them requesting an AAP prior to or with a bid. For example, in the State of MN, you cannot bid on state business unless you have your AAP certified prior to turning in the bid.  MN’s requirements are more stringent than the federal ones, so if you have a federal AAP you’ll have to revise it for MN. Read more about this:

MN AAP Plan

Other states such as New Jersey and Wisconsin have AAP requirements when you bid on work, as do some municipalities, school districts and other public entities.

ACTION: 
It’s important for HR folks to talk with business development/sales teams so you can be alerted if they venture into government/public work and what that might entail for the organization.

EEO-1 Deadline: March 31, 2019

The survey typically opens in January but is not yet open – you will receive notification. Could be impacted by the government shut down.  
Reminder, passwords are changed each year.
If you have changed your certifying official or had a merger/acquisition/divestiture, there are steps you must take prior to filing your report.  
Steps for Making EEO-1 Changes

As a reminder, we can assist you with EEO-1 filing. Email or call for quote: info@thehrconsultant.com. 817-887-8009


OFCCP promises to do focus reviews targeting how a company is doing with regards to disability and/or veteran’s outreach.  

Here’s a great resource when you are developing a disability outreach strategy.  Disability Outreach Strategy


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