OFCCP Rolls Out Updated Construction Contractor Technical Assistance Guide
Client Alert | 1 min read | 11.20.19
As part of its stated ongoing efforts to be more contractor friendly, on November 13, 2019, the U.S. Department of Labor (DOL), Office of Federal Contract Compliance Programs (OFCCP or “the Agency”) released the latest of its updates to its Technical Assistance Guidance – an updated Technical Assistance Guide (TAG) for federal construction contractors and subcontractors. The Agency intends for the TAG to serve as a self-assessment tool that will help construction contractors understand and comply with existing legal obligations, implement the standard EEO construction contract clauses, develop and promote affirmative action programs (AAPs), and prepare for a potential OFCCP compliance evaluation.
This year’s TAG follows and updates a previous Technical Assistance Guide released in 2006. Although the two documents share similarities, the 2019 guidance includes several notable changes, including:
- A detailed, almost fifteen-page explanation of the requirements for written AAPs replete with best practices, examples, and additional resources.
- A user-friendly reorganization of the sixteen affirmative action steps with additional examples of best practices that demonstrate compliance.
- A more robust discussion of mandatory recordkeeping requirements, including the different requirements for traditional and internet applicants.
Accompanying the TAG, OFCCP also recently launched a dedicated construction-focused website with additional information and resources.
What Should Contractors Do?
Construction contractors should take the release of this updated TAG as an opportunity to perform a voluntary self-assessment to ensure compliance with their federal anti-discrimination and EEO requirements. As part of this internal audit, contractors should consider:
- Reviewing record retention policies and practices to ensure all employee records for on-site personnel are preserved in accordance with the requirements described in the TAG.
- Modifying existing affirmative action programs to incorporate the best practices highlighted by OFCCP, as appropriate.
- Updating written AAPs to reflect any changes and better document compliance.
Contacts
Insights
Client Alert | 3 min read | 11.21.25
On November 7, 2025, in Thornton v. National Academy of Sciences, No. 25-cv-2155, 2025 WL 3123732 (D.D.C. Nov. 7, 2025), the District Court for the District of Columbia dismissed a False Claims Act (FCA) retaliation complaint on the basis that the plaintiff’s allegations that he was fired after blowing the whistle on purported illegally discriminatory use of federal funding was not sufficient to support his FCA claim. This case appears to be one of the first filed, and subsequently dismissed, following Deputy Attorney General Todd Blanche’s announcement of the creation of the Civil Rights Fraud Initiative on May 19, 2025, which “strongly encourages” private individuals to file lawsuits under the FCA relating to purportedly discriminatory and illegal use of federal funding for diversity, equity, and inclusion (DEI) initiatives in violation of Executive Order 14173, Ending Illegal Discrimination and Restoring Merit-Based Opportunity (Jan. 21, 2025). In this case, the court dismissed the FCA retaliation claim and rejected the argument that an organization could violate the FCA merely by “engaging in discriminatory conduct while conducting a federally funded study.” The analysis in Thornton could be a sign of how forthcoming arguments of retaliation based on reporting allegedly fraudulent DEI activity will be analyzed in the future.
Client Alert | 3 min read | 11.20.25
Client Alert | 3 min read | 11.20.25
Client Alert | 6 min read | 11.19.25
