OFCCP Contractor Portal: Do I Need to Certify? The Results May Surprise You, Hosted by Circa

Join the leaders in Affirmative Action Planning as they discuss the impact of the OFCCP Contractor Portal. Covered federal contractors and subcontractors must use this portal to certify, on an annual basis, whether they have developed and maintained an affirmative action program for each establishment with 50 or more employees.

On 31 March 2022, contractors will be able to utilize the certification feature in the portal to certify their AAP compliance. And, by 30 June  2022, existing contractors must certify whether they have developed and maintained an affirmative action program for each establishment and/or functional unit, as applicable.

Entities that are affiliated with a contractor or subcontractor (corporate parent, affiliate, or subsidiary) may incorrectly assume they do not need to certify. This is not necessarily the case. OFCCP applies a five factor test to determine whether these entities are considered "single entities" with the contractor or subcontractor, which could make them subject to the AAP requirement for all their establishments. This issue will likely come to a head now that OFCCP is requiring certification and relying on corporate parent EEO-1 data so companies should analyze this issue and determine how best to proceed.