Hunton Employment & Labor Perspectives

OFCCP’s Director Leaves Agency For the White House

On March 29, 2023, the OFCCP announced Director of the Office of Federal Contract Compliance Programs (OFCCP), Jenny Yang, will leave her position to take on a new role at the White House. Specifically, Yang will join the White House Domestic Policy Council as a deputy assistant to the President for racial justice and equity.

During her time as Director of the OFCCP, Yang rolled out the Contractor Portal, which required federal contractors and subcontractors to certify their affirmative action plans. Yang also voiced a commitment to update regulations and amend the OFCCP’s approach to compliance audits. Relatedly, Yang rescinded several initiatives and directives that were created under the prior administration.

OFCCP announced Deputy Director Michele Hodge will serve as Acting Director, which leaves the previously announced initiatives muddied. Importantly, however, there are key initiatives and changes instituted under Yang that will not be disturbed.

OFCCP Portal Opens

On March 24, 2023, the OFCCP announced the opening of the Contractor Portal. Contractors and subcontractors can certify starting March 31, 2023 through June 30, 2023.

With this announcement came an interesting development. Specifically, contractors and subcontractors will be required to enter the start date of their “currently maintained AAP.” When completing this information, contractors and subcontractors should use the date on the cover of their AAP.

Veteran Hiring Benchmark Decreased

In additional news last week, the OFCCP announced a new hiring benchmark of 5.4% for veterans. This is a .1% decrease since the last update covering March 31, 2022 through March 20, 2023. Amidst numerous changes, federal contractors should stay apprised of various changes to ensure they are maintaining compliance and adequately preparing for audits and OFCCP initiatives.