Current OFCCP audits that have resulted in a conciliation agreement seem to have a common theme in terms of the violations that are being cited. Violations that were typical in years past seem to be resurfacing in recent audits, although they diminished for a period of time. Although it varies significantly, the following are violations which seem to be a current trend in audits:
- Failure to undertake appropriate outreach and positive recruitment activities that were reasonably designed to recruit qualified protected veterans and individuals with disabilities effectively.
- Failure to make sufficient reasonable faith efforts to develop and execute action-oriented programs designed to recruit and/or increase the applicant flow of qualified female and/or minority applicants for employment opportunities where there have been identified areas of underutilization.
- Failure to implement other strategies or identify additional sources after determining that current recruitment efforts failed to attract a qualified female and/or minority applicants where there have been identified areas of underutilization.
- Failure to list employment openings with the state workforce agency job bank or a local employment service delivery system in the location where the job openings occurred.
While record-keeping violations (i.e., implementing an internal audit reporting system to monitor the application/selection process) have always been reoccurring violations in conciliation agreements, the renewed focus on violations for the lack of reasonable faith efforts seems to be the latest trend in OFCCP conciliation agreements.