The Office of Federal Contract Compliance Programs (OFCCP) has published a revised directive regarding the use of Functional Affirmative Action Plans (FAAPs).
The Office of Federal Contract Compliance Programs (OFCCP) has published a revised directive regarding the use of Functional Affirmative Action Plans (FAAPs). A FAAP requires specific OFCCP approval and is a departure from the typical "establishment-based" AAP structure for multi-establishment facilities, using an AAP structure that is more in line with the business functions or business units of the contractor. A functional or business unit refers to a component within an organization that operates autonomously in the ordinary course of the organization's business. To be considered suitable for a FAAP, the functional or business unit must: 1) currently exist and operate autonomously; 2) include at least 50 employees; 3) have its own managing official; 4) have the ability to track and maintain its own personnel activity.
The OFCCP had issued guidance establishing procedures for approving such requests, most recently in 2012. The 2016 publication revises the FAAP directive to clarify the requirements of the program. Revisions include:
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Contractors are no longer required to provide a copy of a qualifying federal contract. Instead, the agency requires the contractor to provide specific information about contract coverage, including the contract number from a qualifying contract and that contract's dollar amount, contract period, and the name of the prime contractor (if applicable).
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Contractors are now required to provide information related only to subsidiaries that will be included in the FAAP, rather than all subsidiaries as previously required.
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The FAAP Branch will make every effort to gather sufficient information regarding the contractor's corporate structure to process the FAAP agreement request; however, the agency states that it may be necessary to meet with the contractor to make a final determination on the request.
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Contractors with approved FAAP agreements will undergo at least one compliance evaluation during the term of their FAAP agreement.
The new directive became effective on April 28, 2016. If you have any questions regarding the directive or the use of FAAPs, please feel free to contact Linda Cavanna-Wilk, lcavanna-wilk@fordharrison.com , who is a member of our AA/OFCCP/Diversity practice group.