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FortneyScott Client Briefings by DC Insiders:  OFCCP Retools Contractor Compliance 

After a year of relative inactivity, OFCCP recently rolled out substantial changes that will have an immediate impact on federal contractors. In addition to the opening of its new Contractor Portal, the agency issued two directives: (1) Directive 2022-02, Effective Compliance Evaluations and Enforcement, and (2) Directive 2022-1, Pay Equity Audits. These new Directives rescinded most of the Trump Administration’s regulations most significant guidance including the Directives on Transparency, Efficiency, and Certainty (DIR 2018-08; DIR 2020-02; DIR 2021-02) and the Directive on Analysis of Contractor Compensation Programs (DIR 2018-05).


To assist our clients to prepare for OFCCP’s new and more aggressive approach to contractor compliance, FortneyScott is offering a complimentary three-part series of webinars, OFCCP Retools Contractor Compliance, which will review the new Directives, legal questions they raise, and their potential impact on contractors’ OFCCP certification. Each webinar will include a discussion led by FortneyScott’s highly experienced attorneys addressing key issues for contractors, discussing practical steps contractors should undertake, and responding to attendees’ questions.

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Impact of OFCCP'S New Audit Directive

During our April 26, 2022 webinar, FortneyScott Attorneys discussed:


  • New requirement that contractors submit both AAPs, Itemized Listing, and Supporting Data within 30 days of receiving scheduling letter
  • Expanded temporal scope of the Agency’s request for additional information and data
  • Demand for employees’ Personal Identification Information, including private contact information and social security numbers
  • Coordination of multiple establishment audits for the same contractor


PowerPoint Slide Deck - (PDF)


Impact of OFCCP New Compensation Directive

During our April 19, 2022 webinar, FortneyScott Attorneys discussed:


  • The regulatory requirement for compensation analyses
  • What is a pay equity audit under the Directive 
  • Compliance strategies
  • Attorney client privilege

OFCCP Federal Contractor Portal Legal Compliance Issues

On April 12, 2022, FortneyScott Attorneys outlined the legal compliance issues for contractors registering and certifying their compliance in the new OFCCP Federal Contractor Portal.

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