New OFCCP Guidance on Portal Enrollment for Higher Education Institutions | Jackson Lewis PC

OFCCP regulations are designed for a typical private sector contractor. As a result, higher education institutions, especially colleges and universities, often struggle to fit the ’round peg’ process into the ‘square hole’ designed by OFCCP. OFCCP’s Contractor Portal is no exception.

The portal identifies employer facilities based on EEO-1 reports submitted in 2018. However, higher education institutions file Integrated Education Data System (IPEDS) reports, not EEO-1 reports. This disconnect has forced many institutions to use their best judgment to define their institution when registering with the portal, increasing the burden on these contractors when creating new accounts within the portal. Did.

Perhaps to address such issues, OFCCP issued updated guidance on August 25 that better aligns its requirements with processes for higher education institutions. Under this new guidance, HEIs are required to register with the portal using their IPEDS credit identifiers instead of their EEO-1 report credit identifiers.

The Agency has also updated the Contractor Portal User Guide with a new “Institution Enrollment” section and nine new “Charts” to assist institutions in the portal administration process.

OFCCP has also published new FAQs to help institutions navigate the process.

4. How does an institution register for the Contractor Portal?

Institutions register using their Integrated Postsecondary Education Data System (IPEDS) unique identification number (UNITID or IPEDS ID) and Employer Identification Number (EIN). Institutions may develop a single AAP or multiple AAPs, depending on their organizational structure. Given these flexibility and possible variations in AAP development, the institution will certify compliance with all AAPs associated with his 6-digit IPEDS ID.

Interestingly, this procedural guidance also strengthens other substantive guidance for educational institutions. For example, this new FAQ confirms guidance from OFCCP’s Educational Institutions Technical Assistance Guide and guidance in a campus-like setting that a campus environment may properly be considered a separate facility. Thus, allowing multiple AAPs to cover her one campus.

As a result, institutions are encouraged to develop multiple affirmative action programs on OFCCP’s portal and independently certify each, whether their operations support it, and whether their organizational objectives are strategically beneficial. should be considered.

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