OFCCP’s 2024 Contractor Certification Period Starts April 1

The U.S. Department of Labor’s (DOL’s) Office of Federal Contract Compliance Programs (OFCCP) will start accepting online submissions for the 2024 contractor certification period on April 1. Federal contractors must certify they have developed and maintained affirmative action programs for each establishment or functional unit. Existing federal contractors and subcontractors must use the OFCCP’s Contractor Portal to complete their certification for the third annual cycle by July 1.

We’ve gathered articles on the news from SHRM Online and other outlets.

Affirmative Action Requirements

Three separate laws require certain employers that meet certain thresholds and do business with the federal government to implement affirmative action programs. Affirmative action requirements ensure that applicants and employees of federal contractors have equal employment opportunity without regard to their race, color, religion, sex, sexual orientation, gender identity, national origin, disability or status as a protected veteran.

(DOL and SHRM HR Q&A)

Organizations with May and June AAPs 

Contractors with affirmative action plans (AAPs) beginning in May or June should consider certifying prior to the expiration of their 2023 plans to avoid the need for a tight turnaround for their updated AAPs. 

In addition, the change in timeline from a March 31 to an April 1 opening may mean increased difficulties for contractors with April 1 AAP dates. These contractors were previously able to certify based on completion of the previous year’s AAPs. Now, they must complete their 2024 AAPs by July 1 to certify compliance.  

(DCI Consulting)

Staying the Course Despite Supreme Court Rulings

Executive Order 11246 prohibits federal contractors from discriminating in employment decisions on the basis of race, color, religion, sex, sexual orientation, gender identity or national origin. It requires certain contractors to take affirmative action to ensure that equal opportunity is provided in all aspects of their employment.

While it is anticipated that the Harvard-UNC cases decided last year by the U.S. Supreme Court may lead to litigation surrounding Executive Order 11246 and AAPs, the executive order may be insulated from attacks resulting from the Harvard-UNC cases. The Supreme Court held that Harvard and UNC’s race-conscious admissions practices violated the Equal Protection Clause because they discriminated on the basis of race.

Executive Order 11246, by contrast, is not inconsistent with the Equal Protection Clause because it does not discriminate based on race. Instead, the executive order provides that federal contractors “will not discriminate against any employee or applicant for employment.”
(Morgan Lewis)