From the NILG Conference: Debra Carr of OFCCP's Division of Policy, Planning and Program Development

On Wednesday, August 28, Debra Carr of OFCCP's Division of Policy, Planning and Program Development gave a presentation on activities within her division.  She started by indicating the revisions to the Federal Contractor Compliance Manual (FCCM) were basically complete and that OFCCP expects to release the revised FCCM by the end of this year.  The revised FCCM will be easily navigatable, and provide effective guidance to both OFCCP compliance officers and federal contractors.

Ms. Carr then talked about several other initiatives through her division.  The division is providing additional language support and assistance for persons with limited English proficience as OFCCP attempts to make information more widely available to workers and the general public.  For example, the agency is attempting to make interpreters and translators more widely available.  OFCCP is also creating new fact sheets and attempting to educate the public about the agency's mission and the obligations of federal contractors.


Ms. Carr indicated that OFCCP has a new customer service focus.  OFCCP is one of the agencies within the Department of Labor that are involved in a pilot program to find ways to interact more effectively with stakeholders.  OFCCP recently conducted a listening session with 24 stakeholders regarding:

• OFCCP's current efforts to reach out to members of the public and other stakeholders;
• The nature and quality of the technical assistance provided to federal contractors;
• The agency's desire to better communicate enforcement priorities;
• Further engaging stakeholders in the rule-making process.

As part of this customer service focus, OFCCP intends to increase its use of technology.  That may include allowing federal contractors to submit more documents electronically.  OFCCP is also beginning a directive modernization project meant to ensure that the agency's directives are current, correct and legally sound.

The policy division is involved in a number of other initiatives.  The complaint form that can be used by employees and applicants is currently being revamped and streamlined in order to speed the complaint investigation process.  The division is also looking for additional opportunities to colloborate with stakeholders.

Ms. Carr indicated that the division is continuing to seek the authorization of proposed revisions to the scheduling letter and itemized listing that are used at the start of an affirmative action compliance review.  The division is also working on changes to the process used to request information from companies interested in developing functional affirmative action plans rather than traditional location-based AAPs.

Ms. Carr responded to a number of questions posed by those in attendance at her session.  She acknowledged that the agency had expected to have the FCCM out much early, but felt the FCCM would be published by the end of the current year.  (Note:  OFCCP indicated at last year's NILG conference that the FCCM would be available by the end of 2011, so we'll wait and see what happens by the end of 2012.)  Ms. Carr did not give a timeframe for the release of other proposed changes, including the proposed changes to the scheduling letter and itemized listing.  Ms. Carr responded to a question about specific initiatives regarding universities by saying that OFCCP expects to release some FAQs and provide additional training for university personnel, but that there was no expectation there would be specific regulations for universities.

Towards the end of her presentation, Ms. Carr indicated that the revised FCCM would add timelines of some kind.  It was not clear, however, whether these would be timelines for compliance officers and agency personnel about the conduct of a compliance review or timelines for contractors dictating schedules for submitting information to OFCCP.

Please note: Nothing in this article is intended as legal advice or as a substitute for any professional advice about your organization's particular circumstances.  Neither Ms. Carr nor any person at OFCCP has reviewed this summary of Ms. Carr's presentation.  All original materials copyright © HR Analytical Services Inc. 2012