Proposed Changes to FAAP

The Office of Federal Contractor Compliance Programs (OFCCP) has proposed changes to the Functional Affirmative Action Program (FAAP), which would, among other changes, reduce the burden on contractors seeking FAAP agreements and shorten the process for approval by the OFCCP.

As outlined by Proskauer, the OFCCP’s proposed changes would alter the current directive by:

  • Extending the time at which a contractor with a FAAP must certify that no changes have been made to functional units, business structure or other factors affecting the FAAP from every three years to every five years;
  • Eliminating the requirement that FAAP contractors undergo at least one compliance evaluation during the term of their FAAP agreements;
  • Expanding the exemption period from further compliance evaluations for FAAP units that have undergone a compliance evaluation from 24 months to 36 months from the date OFCCP closed the previous evaluation;
  • Eliminating consideration of a contractor’s equal employment EEO compliance history when deciding whether to approve a FAAP request;
  • Removing the three-year waiting period for reapplying for a FAAP following termination of a FAAP agreement; and
  • Eliminating the annual requirement for contractors to modify their FAAP agreements.

For more details, please click here.

The information included in this blog post originally appeared in an article in Proskauer’s Government Contractor Compliance & Regulatory Update Blog on October 5, 2018, written by Guy Brenner and Alex Weinstein.


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