Functional AAPs – Should We Seek Them and How Should We Organize Them?

Functional AAPs – Should We Seek Them and How Should We Organize Them?

9:00 a.m. - 10:15 a.m. (EDT)
American Association for Access, Equity & Diversity National Conference
Washington, D.C.

Register Now

Functional AAP is any affirmative action plan that is not organized by physical location. Under OFCCP's regulations, the default way to prepare AAPs is by physical location. Any contractor wishing to prepare its AAPs other than this default basis must obtain OFCCP's permission, in accordance with its 2013 directive (revised in 2016). The previous FAAP directives contained disincentives to seek functional AAP approval. For the privilege of doing your AAPs functionally, you were subject to OFCCP scrutiny of any local, state, and federal EEO violations during the previous three years and were guaranteed at least one OFCCP compliance review every three years for your organization. The new directive is significantly more attractive to employers. Many contractors would be well-served by having some or all of their organization covered by an option other than physical location-based AAPs. This includes "single-establishment" hospitals and universities.

This session will address:

  • The old FAAP directives compared to the new FAAP directive
  • The FAAP approval process, the types of information that contractors are expected to disclose in the initial application process and in response to OFCCP follow-up questions
  • Different ways to set up functional units
  • Strategic considerations for the annual preparation of the AAPs themselves
  • Strategic considerations involved in submitting a FAAP for audit versus a location-based plan for audit

PDF of Directive 2013-01 Revision 2 - RH Version - OFCCP Version

Functional Affirmative Action Programs - Frequently Asked Questions (FAQs)



The American Association for Access, Equity and Diversity (AAAED) is having their 46th National Conference and Annual Meeting in Washington, D.C. in June 2020. Join AAAED June 6-10, 2019, in the Nation's capital, for their National Conference themed "Turning Obstacles into Opportunities". There will be an acknowledgement of the 30th Anniversary of the Americans with Disabilities Act.

As is tradition, every four years the AAAED National Conference is held in Washington, D.C., during an election year. Participants will be able to meet with their congressional representatives and host our award honorees at a reception on the Hill. The conference hotel will be the historic Capital Hilton in the center of Washington, D.C., on 16th and K Streets, NW. Join them as they convene to Turn Obstacles into Opportunities!

Interested in learning more about Roffman Horvitz, PLC?

We will send you OFCCP compliance updates right to your inbox.

Please E-mail Alissa Horvitz at to sign up for legal development updates and notification of web seminar updates.