On April 1, 2024, the Office of Federal Contract Compliance Programs (OFCCP) began accepting online submissions from covered contractors and subcontractors to certify the current updated status of their Affirmative Action Programs (AAPs). The U.S. Department of Labor (DOL) officially announced that the submission window will close by July 1, 2024. The status of all registered contractors and subcontractors was reset to “Not Certified” by the agency on March 31, 2024, meaning that covered employers must once again go into the portal to certify that their AAPs have been updated for their current plan year.

Affirmative Action Programs ensure equal opportunities for applicants and employees regardless of their race, color, religion, sex, sexual orientation, gender identity, national origin, disability, or status as a protected veteran. Pursuant to the Executive Order 11246, Section 503 of the Rehabilitation Act of 1973, and 38 U.S.C. 4212, contractors and subcontractors doing business with the federal government whose contract exceed the jurisdictional threshold (contract dollar amount and number of employees) must maintain and develop AAPs.

The AAP certification is required annually. Covered contractors and subcontractors may ensure compliance by timely registering through the OFCCP’s Contractor Portal. The Contractor Portal is an online platform which allows covered contractors and subcontractors to register, manage records, and certify AAPs for each establishment and/or functional business unit, as applicable. Contractors and subcontractors may register by creating a Login.gov account which is a secure sign in service used by the public to sign in to the sites of participating government agencies. It is important to note that certifying compliance through the Contactor Portal will not exempt contractors from compliance evaluations, though in the past the Agency has indicated that the failure to certify may make it more likely that a contractor or subcontractor will be selected for audit. If you have questions about the jurisdictional thresholds or establishing and developing an AAP, please reach out to a Kullman Law attorney for assistance.