OFCCP Incentivizes Contractors to Volunteer Establishments for Review
Expanding the DIR 2019-02 model of offering exemption from randomly selected reviews at any establishment to a contractor who voluntarily submits multiple establishments for review (DIR 2019-02 offers exemption from random selection of any establishment for the period of a consent decree which applies the remedy for a violation in one establishment to additional establishments, the contractor voluntarily submitting those additional establishments to consent decree jurisdiction). On February 13, 2019 the agency offered to express some love in the form of DIR 2019-04, which will follow the same model of a contractor voluntarily submitting multiple establishments for initial review in exchange for being exempt from any individual establishment reviews through the normal random selection process, and being recognized by the agency as a “high-performing” contractor (there’s the love). The “Voluntary Enterprise-wide Review Program” (VERP) will allow contractors to (beginning in 2020) apply for / submit data for review from the agency, and if meeting the agency’s standards for high-performance, enter into an agreement with the agency (similar to the DIR 2019-02 consent decree standards presumably) and have all establishments be exempt from selection for further review during the term of the agreement (5 years for the “top-tier” contractors and 3 years for those not reaching the top tier, but still in compliance, and the agency will provide additional compliance assistance to help those contractors reach the top-tier). Doing more with less.