Quick Hit: On December 15, 2020, OFCCP announced the release of Directive 2021-02,
Certainty in OFCCP Policies and Practices (the “Directive”). The Directive generally “reaffirms” a number of certainty initiatives previously announced in agency publications, such as timely and efficient progress of compliance evaluations, professional conduct by OFCCP staff, and neutral scheduling of compliance evaluations. The only additional commitments made by the agency in the Directive are to conduct ongoing reviews of its policies and practices to ensure they are clear and certain to the stakeholder community, and to provide a process by which contractors can seek clarification or disclosure of a policy or practice to ensure greater certainty.
According to the terms of this Directive, it builds on other publications but specifically:
Commits to ongoing Agency reviews of policies and enforcement practices “to ensure they are clear and certain to the stakeholder community, and to provide for a process by which a member of the stakeholder community can seek clarification or disclosure of a policy or practice to ensure greater certainty.”
Extends the enforcement moratorium applicable to federal contractors participating in Veterans Administration Health Benefit Provider (VAHBP) agreements. The moratorium is extended by two years, until May 7, 2023. The ultimate goal, according to the Directive, is to give OFCCP time to “consider whether a national interest exemption for VAHBP providers is warranted” – similar to the TRICARE determination.
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OFCCP Issues Certainty Directive
Quick Hit: On December 15, 2020, OFCCP announced the release of Directive 2021-02,
Certainty in OFCCP Policies and Practices (the “Directive”). The Directive generally “reaffirms” a number of certainty initiatives previously announced in agency publications, such as timely and efficient progress of compliance evaluations, professional conduct by OFCCP staff, and neutral scheduling of compliance evaluations. The only additional commitments made by the agency in the Directive are to conduct ongoing reviews of its policies and practices to ensure they are clear and certain to the stakeholder community, and to provide a process by which contractors can seek clarification or disclosure of a policy or practice to ensure greater certainty.