As previously reported, the Office of Federal Contract Compliance Programs (OFCCP) released two new Corporate Scheduling Announcement Lists (CSALs) on September 11, 2020. Included in the list for supply and service contractors were two new types of reviews: reviews focused on promotions and reviews focused on accommodations. On September 23, OFCCP published landing pages for both new types of focused reviews in an effort to help federal contractors understand what these types of reviews will entail.

Landing Page for Reviews Focused on Promotions

According to the landing page, OFCCP aims to use focused reviews regarding promotions to address the “glass ceiling” that women, people of color, individuals with disabilities, and protected veterans face. While a scheduling letter has yet to be released, the landing page indicates:

“Compliance Officers will review, among other things, contractor policies and procedures, employee personnel files, and personnel data tracking contractors’ promotion decisions. Compliance Officers will also conduct interviews with managers responsible for promotion decisions and, if applicable, with affected employees. OFCCP may also evaluate hiring and compensation policies, procedures, and data, as appropriate, to determine if qualified applicants are being steered into lower paying positions with limited upward mobility or otherwise prevented from advancing professionally.”

The landing page also includes frequently asked questions (FAQs) that cover various topics including the following:

• how OFCCP defines promotion;
• the purpose of the promotions focused reviews, and;
• how contractors should prepare for these types of reviews

Landing Page for Reviews Focused on Accommodations

Reviews focused on accommodations are intended to, “…bring attention to contractor nondiscrimination obligations in the areas of religion and disability…” Again, there is currently no scheduling letter for this type of review.  However, the landing page indicates:

“In conducting these reviews, Compliance Officers will examine a contractor’s policies and procedures related solely to religious and disability accommodations, as identified in the scheduling letter. The Compliance Officer will specifically review documentation relating to accommodation requests and dispositions, with a particular emphasis on denial(s) of accommodation. The review will also include interviews with managers responsible for or involved in the accommodation process as well as with affected employees and applicants.”

OFCCP has also provided FAQs for accommodations focused reviews. Among the subjects in these FAQs are the following:

• requirements for religious and/or disability accommodations requests;
•  undue hardship defense requirements, and;
• centralized accommodations systems.

Both landing pages indicate that best practices, as well as sample on-site review guides and sample focused review reports, will be “coming soon.”

Stay tuned to our news page for more updates on promotions and accommodations focused reviews.