Affirmative Action Plan Certification

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The U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) has finalized changes to its regulations under Section 503 of the Rehabilitation Act of 1973, eliminating several longstanding disability-related affirmative action requirements for federal contractors. The final rule is scheduled for publication in the Federal Register on Aug. 21, 2026.

Under the Section…

Among the many “hot” topics for federal contractors, OFCCP’s intention for AAP verification and/or certification ranks among the top.  In September 2020, OFCCP published a notice seeking comment on the possibility of an annual AAP certification and verification process.  Towards that end, the Agency also sought Office of Management and Budget (OMB) approval for an…

As reported in today’s Federal Register, OFCCP is seeking regulatory authority to:

  • Require federal contractors to annually certify they have prepared AAPs via an online interface; and,
  • Institute “a secure method” to electronically submit AAPs when contractors are scheduled for an audit.

As we reported nearly a year ago, because OFCCP cannot conduct…