The OFCCP sent out a “myth-busting” email this morning that focuses on the myths and facts surrounding Functional Affirmative Action Programs (FAAPs). In the past the OFCCP has been skeptical of federal contractors preparing FAAPs, believing contractors wanted to “game the system” and hide discrimination. This is a step in the other direction, as the OFCCP is encouraging contractors to consider developing FAAPs.
The email touches on the following two myths and facts:
- MYTH: FAAP agreements are burdensome to maintain
because OFCCP requires updates whenever a contractor makes even a minimal
- FACT: Contractors are no longer required to submit annual updates to their FAAP agreements. Contractors are only required to notify OFCCP when there are substantive changes that result in the addition or removal of functional units. Notification to OFCCP is due 60 days after such changes are implemented.
- MYTH: The FAAP application process is burdensome
and time consuming.
- FACT: OFCCP streamlined the process for reviewing and approving requests for FAAP agreements as part of the new directive. Once a contractor submits a complete FAAP application package to OFCCP, a determination is issued within 60 days. During the review process, a FAAP staff member works closely with the contractor, assisting them in developing an agreement that accurately reflects how the company does business.