OFCCP has released the next wave of Corporate Scheduling Announcement Letters (“CSALs”) to over 800 federal contractors that have been identified for upcoming compliance reviews. Contractors may confirm whether one of their establishments was mailed a CSAL by faxing a written request on company letterhead to OFCCP’s Division of Program Operations at (202) 693-1305.
The CSALs are designed to provide the establishment to be audited with an advanced notice, and will be followed by a “scheduling letter” that will outline the information that contractors need to provide OFCCP within 30 days of receiving the letter.
It is important to mention here that OFCCP emphasized that compliance evaluations will not be limited to the 800+ and additional audits could be scheduled should OFCCP receive information of alleged violations of the regulations or of a law that they enforce or complaints from individuals, or an individual class compliant filed with EEOC.
The following are a few of the more common issues that could lead to administrative penalties that will require a two year Conciliation Agreement (CA) with OFCCP, that the President/CEO of your company must sign. (this is not an inclusive list)
1. Failure to create and implement your Affirmative Action Plan (AAP) within an acceptable period of time relative to your AAP date.
2. Failure to identify and establish outreach sources to correct underutilization by job group at the start of your AAP date.
3. Failure to keep accurate records of applicants, hires, promotions and terminations.
4. Failure to post all job openings (other than executive level positions) with state employment agencies.
5. Failure to post job openings with the Veterans Administration and other Veteran outreach venues.
6. Failure to demonstrate job advertisements in the local community targeting veterans and disabled individuals.
The OFCCP continues to garner more financial settlements as a result of adverse hiring decisions, however, we have seen an increase in financial settlements due to disparities in compensation and we anticipate this trend to continue.
If you receive a CSAL, please contact our office. If your APP is past due we should begin updating your AAP as we will have limited time to prepare in the event of an OFCCP audit.