In a directive issued December 2, the OFCCP formally cancelled the Active Case Management (ACM) procedures that began in 2003.  ACM governed the compliance evaluation process by focusing enforcement efforts on cases with indicators of systemic discrimination, i.e. cases with 10 or more potential victims.  The result of ACM for Federal contractors was generally short desk audits and fewer onsite audits.  Unless there were particular problem areas that stood out, audits resolved fairly quickly. That will no longer be the case.

Even though ACM is just now officially cancelled, the OFCCP has been moving away from those procedures for at least a year.  There are several things that Federal contractors can now expect in light of these procedural changes:

  • longer, more in-depth desk audits (this is already happening)
  • greater possibility of on-site audits
  • increasing focus on individual cases of discrimination
  • stricter enforecment of outreach and recordkeeping requirements

As part of the new directive, OFCCP stated that ACM “caused OFCCP to narrow the focus of its enforcement efforts and has eroded OFCCP’s enforcement authority.”  All of this is evidence of OFCCP’s goal to expand their enforcement presence.

For the full text of the directive go to:  http://www.dol.gov/ofccp/regs/compliance/directives/dir292.htm