Informal Update on the EEO Special File

Functional Affirmative Action Plans (FAAPs) are Discontinued

The OFCCP has announced that it will no longer develop new or renew Functional Affirmative Action Plans (FAAPs). The announcement states, “The agency is currently reviewing its policies regarding the FAAP process. We will issue new guidance in the near future. Until such guidance is issued, contractors without FAAP agreements should continue to develop and maintain establishment-based AAPs. Contractors with approved FAAP agreements should maintain their functional unit AAPs and operate under their current FAAP agreement. If significant changes occur in the normal order of business for contractors with existing FAAP agreements, such as mergers, acquisitions, divestitures, and recent changes, these should be reported to the FAAP Director for appropriate actions, as per the agreement. OFCCP will notify contractors when new guidance is published.” The notice is available at http://www.dol.gov/ofccp/FAAP_Notice.htm.

Employee Notification Requirements for Federal Contractors and Subcontractors

On May 20, 2010, the Department of Labor issued a Final Rule requiring Federal government contractors and their subcontractors to post a notice informing employees of their rights under the National Labor Relations Act (NLRA) and to include the provisions of the notice in government contracts, subcontracts and purchase orders. (See http://edocket.access.gpo.gov/2010/pdf/2010-11639.pdf) The required notice/poster is to be in place as of June 21, 2010. Contractors and subcontractors who post notices to employees electronically must also post it electronically According to the OFCCP, “The notice to employees required by the regulations inform employees about their rights under the NLRA to form, join and assist a union and to bargain collectively with their employer; provides examples of unlawful employer and union conduct that interferes with those rights; and indicates how employees can contact the National Labor Relations Board, the Federal agency that enforces those rights, with questions or to file complaints. Contractors that violate the Labor Department's regulations requiring employee notification of these rights may be subject to sanctions, including suspension or cancellation of the contract.” Contractors and subcontractors may also be declared ineligible for future contracts. These posting requirements do not apply to prime contracts under $100,000 and subcontracts below $10,000.

For additional information regarding the posting requirement see http://www.dol.gov/ofccp/regs/compliance/EO13496_Presentation.htm. To download a poster, go to http://www.dol.gov/olms/regs/compliance/posterpg.htm. .