OFCCP published an updated Federal Contract Compliance Manual (FCCM) on December 30, 2019. Federal contractors and subcontractors should take notice of the changes. All businesses should use this as a reminder to review contracts and purchase orders and re-determine whether they are a covered federal contractor or subcontractor with affirmative action obligations.
Notable changes in the updated FCCM:
- New protected classes: sexual orientation, gender identity, and discussing or inquiring about compensation
- Updated language for Section 503 (disability) and VEVRAA (protected veterans) nondiscrimination and affirmative action requirements
- Revised to align with recent directives:
- Focused Review Directive – focused reviews on just one area of compliance – either under E.O. 11246, disability, or veterans regulations
- Transparency Directive – new procedures setting forth the process for compliance evaluations
- Compensation Directive – new procedures on conducting compensation analyses, determining similarly situated employee groups, and statistical modeling
- Functional Affirmative Action Program (FAAP) Directive – updates to the functional affirmative action plan requirements
- Updated to reflect current procedures for desk audit data requests and itemized listing letter
- Added a sample Onsite Review Plan
OFCCP has detailed the changes here, and there is a link to the new FCCM here.