OFCCP Seeks Comment on Supply and Service Functional Affirmative Action Program Agreements

The Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) is soliciting public input on its proposal to implement standard procedures for supply and service (S&S) contractors seeking approval to develop affirmative action programs based on functional or business units, commonly known as functional affirmative action programs (FAAPs). According to the agency, FAAPs “are designed to provide contractors with the option of creating [affirmative action programs] that better fit their business needs.” Contractors must get prior written approval before developing and implementing a FAAP.

In June 2011, the OFCCP issued a directive updating the application and approval procedures for FAAP agreements. As discussed in the agency’s supporting statement, (pdf) the OFCCP is planning to revise that updated directive and establish standard application procedures for contractors seeking OFCCP’s approval to use FAAP agreements. To this end, the OFCCP’s latest information collection request (ICR) “addresses the collection of information associated with the process for obtaining, modifying, updating, and renewing an agreement that allows contractors to develop and use functional AAPs.”

Comments must be received on or before July 23, 2012, and identified by Control Number 1250-XXXX. Comments may be submitted electronically through the federal eRulemaking portal. Alternatively, written comments may be sent by mail or hand-delivery to: Debra A. Carr, Director, Division of Policy, Planning and Program Development, Office of Federal Contract Compliance Programs, 200 Constitution Avenue NW., Room C-3325, Washington, DC 20210.

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Information contained in this publication is intended for informational purposes only and does not constitute legal advice or opinion, nor is it a substitute for the professional judgment of an attorney.