OFCCP Proposes New FAAP Directive

The Office of Federal Contractor Compliance Programs ("OFCCP") is seeking approval to change its Functional Affirmative Action Program ("FAAP") requirements. The proposed directive, for which comments are due by November 13, 2018, proposes sweeping changes to the current FAAP directive, with the stated aim of encouraging contractors to use FAAPs. By way of background, federal contractors typically must prepare affirmative action programs for each of their establishments. However, contractors can, with OFCCP approval, prepare affirmative action programs that are based on their functional or business units, as opposed to physical location. A functional or business unit is a "component within an organization that operates autonomously in the ordinary course of the organization's business." Historically, the process of applying and being approved to create a FAAP has been very time-consuming and burdensome for contractors, and OFCCP has been viewed as less than welcoming of