OFCCP recovers over $11M, closes less than 1,000 audits in FY2023

According to a summary prepared by David Cohen of DCI Consulting, the Office of Federal Contract Compliance Programs (OFCCP) in fiscal year (FY) 2023 recovered only $11,617,060 for 19 systemic conciliation agreements and $73,057 for six individual complaints. Of the systemic conciliation agreements, $5,787,492 was for 12 hiring cases and $5,829,568 was for six compensation cases. The amount was the lowest recovered since FY2016.

It also appears that in the fiscal year that just ended, the OFCCP closed the fewest number of audits in the 12 years that Cohen has been tracking the agency’s enforcement statistics. The number of compliance evaluations closed by the agency has declined nearly every year since the OFCCP rescinded active case management in 2010. Active case management allowed the agency to close audits quickly if it found no indicators of discrimination and focus on audits in which the agency did find indicators.

Other data Cohen noted was that only 44% of federal contractors certified in the OFCCP Contractor Portal in 2022. The agency has sent a list of noncompliant contractors to each federal agency and procurement office, which are beginning to send letters to noncompliant contractors.

Director Yang updates EEO professionals on agency

OFCCP Director Jenny Yang provided an update to a group of equal employment opportunity (EEO) professionals on the agency. According to Director Yang, the agency has hired 100 additional employees, most of whom will be compliance officers, to bring the total employee count at the agency to around 500.

Director Yang also stated: