On March 17, OFCCP Director Craig Leen issued a National Interest Exemption memorandum stating that he has decided “to grant a limited exemption and waiver from some of the requirements” administered by OFCCP.

This allows federal contractors and subcontractors in the supply and service and construction fields to forego following certain affirmative action regulations in their outreach efforts if they obtain new contracts that are designed “specifically to provide Coronavirus relief.” These contracts must be signed between March 17, 2020 and June 17, 2020 to receive exemption status. The memorandum affects OFCCP efforts related to Executive Order 11246, Section 503, and VEVRAA.

Specific areas of the regulations that are exempt include:

  • Required listing of open positions to ESDS/State Job Banks
  • Targeted recruitment of protected classes such as women, minorities, veterans, and individuals with disabilities
  • Creation of written affirmative action plans (AAPs)
  • Equal opportunity and affirmative action policy statements
  • EEO tag lines on job postings and access to the EEO poster for employees and applicants

This does not apply to employers who currently have federal contracts or sign new contracts that are for projects unrelated to the virus outbreak. All federal contractors and subcontractors outside of these parameters continue to be obligated to the laws OFCCP enforces. All compliance evaluations and focused reviews will continue to be conducted during this time.

For more information on the memorandum, you can read the Department of Labor’s press release and visit OFCCP’s FAQ section.