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The new Active Case Enforcement (ACE) initiative of the Office of Federal Contract Compliance Programs
(OFCCP) is expected to lead to broader, more aggressive compliance investigations by the agency. OFCCP is the U.S. Department of Labor division charged with ensuring that federal contractors comply with Equal Employment Opportunity laws and Executive Orders.
ACE, which became effective Jan. 1, 2011, replaces OFCCP's Active Case Management (ACM) program. Whereas under ACM only the compliance review methodology was used, under ACE the OFCCP will use all of the compliance evaluation investigative methodologies specified in the regulations. These methodologies include the following:
Other key differences between the old ACM and new ACE procedures include the following:
Indicators include the following:
For a compliance review, the OFCCP will contact the Equal Employment Opportunity Commission, the state and/or local Fair Employment Practices Agency, and/or other labor and employment agencies. The OFCCP will use information received, along with its internal database, to review the contractor's three-year compliance history.
Conclusion
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