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DOL will check contractors' affirmative action certification

The Department of Labor (DOL) will audit contractors who have not certified their affirmative action compliance to the government, according to Bloomberg Law.

Federal contractors must comply with various outreach, recruitment, training and other affirmative action requirements separate from their workplace nondiscrimination obligations. They must currently disclose to the General Services Administration whether they have an affirmative action plan in place or are not qualified to do so. The certification is under penalty of perjury and the False Claims Act.

Previously, DOL's Office of Federal Contract Compliance Programs (OFCCP) has audited facilities through a neutral, random selection process rather than focusing on contractors who have not checked the appropriate compliance box. DCI Consulting's David Cohen says the review of certification will allow OFCCP to focus audits on contractors who don't have an affirmative action plan.

Mickey Silberman, co-chair for the Institute for Workplace Equality, says the program should focus the agency's limited resources and will not be a burden for compliant contractors.

"For employers that don't certify compliance, they likely will be prioritized for audit," Silberman says. "That should result in fewer audits of the good employers that do certify."


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