OFCCP Initiatives Stalled

While audit action has heated up considerably during 2012, many of OFCCP's major initiatives have stalled since the start of the year. Among the OFCCP initiatives where there has been no action are the following:

• Finalization of the revisions to the agency's regulations regarding veterans
• Finalization of the revisions to the agency's regulations regarding persons with disabilities
• Finalization of the proposed changes to the scheduling letter and itemized listing that are used to open an affirmative action compliance review
• A new set of regulations or guidance on compensation
• Revised regulations for construction contractors

This does not mean that OFCCP hasn't been busy during 2012. There are a significant number of compliance reviews occurring, and the number of conciliation agreements issued by the agency appears to have increased considerably. OFCCP has changed the way in which it is reviewing issues regarding veterans and persons with disabilities even in the absence of the finalization of its proposed regulations, and the agency has taken a more aggressive stance in investigating compensation issues.

A recent report in Politico suggests that the Obama administration has decided to slow down the issuance of new regulations and directives as the presidential election approaches. Whether this is the reason various OFCCP proposals have stalled or there is some other reason, we continue to wait for formal guidance from the agency on a number of fronts.

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