The Office of Federal Contract Compliance Programs (OFCCP) identified an error in the Corporate Scheduling Announcement List (CSAL) that was published on Sept. 11, 2020. After the CSAL was published, it was determined that the list did not include a cap of five establishment reviews, excluding focused reviews and compliance checks. Once this error was identified, OFCCP published an updated CSAL on Sept. 14, 2020.
The CSAL is designed to give contractor establishments an advanced notice of a pending OFCCP Audit. Federal contractors that are on the list will eventually receive a Scheduling Letter that will give them thirty days to submit the required information and documents to OFCCP. If you are on the CSAL, now would be an excellent time to ensure that your Affirmative Action Plan (AAP) has been disseminated to management and HR Team members, and begin preparing for a potential audit by OFCCP, before receiving the actual Scheduling Letter.
With the Trump Administration now in the White House, contractors may continue to experience the invasive audits. OFCCP Compliance Officers out in the field may continue to make illegal requests during your audit. This practice will continue until the destructive and adversarial Agency that Director Patricia Shiu created is snuffed out by the newly appointed OFCCP Director, Ondray Harris.
With new audits just around the corner, contractors get prepared and follow a few simple rules:
- Ensure that you submit your Affirmative Action Plan (AAP), and requested data, on or before the scheduled deadline. OFCCP has claimed that over 80% of AAP submissions are incomplete and submitted after the scheduled date. Failure to submit your AAP and requested data on time demonstrates to OFCCP that you are not in compliance with your affirmative action obligations.
- OFCCP continues to focus on your compensation; contractors should ensure that their pay policy is consistently applied and statistically test their pay practices to ensure that they can defend any pay differences should they exist. OFCCP may request any analysis that a contractor has conducted, which means that should a pay disparity exist, OFCCP will want to know what the contractor did to correct the issue.
- The primary focus of OFCCP continues to be hiring decisions. Contractors are encouraged to be consistent with the selection criteria used as well as the steps used to hire one candidate from another. Impact ratio analysis must be conducted to ensure that adverse impact does not exist.