ARTICLE · 04 APRIL 2023

OFCCP Announces A New Certification Cycle

Littler Mendelson

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In December 2021, the Office of Federal Contract Compliance Programs (OFCCP) implemented a new requirement that all covered federal contractors and subcontractors annually certify...

United StatesGovernment, Public Sector

Kelcy L. Palmer

David Goldstein

Carroll T. Wright

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In December 2021, the Office of Federal Contract Compliance Programs (OFCCP) implemented a new requirement that all covered federal contractors and subcontractors annually certify that they have current affirmative action plans in place for each of their establishments or functional units as applicable. The Process for Certification, which was to be made through a new Contractor Portal, was rolled out over a five-month period beginning on February 1, 2022. OFCCP stated that contractors that failed to certify by June 30, 2022, would be at a higher risk for audit. OFCCP more or less made good on this threat when it published its 2023 list of contractors to be audited, limiting audits to just those contractors that had failed to certify through the Portal by December 1, 2022.

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