OFCCP Releases Compliance Check Information
As OFCCP prepares to begin conducting the compliance reviews associated with its recent Corporate Scheduling Announcement List, the agency has provided more information about the focused reviews and compliance checks it intends to do. OFCCP released a page on its website dedicated to focused reviews several weeks ago. On May 8, 2019, OFCCP released a page on its website dedicated to compliance checks.
While focused reviews are an entirely new type of review for OFCCP, the agency has conducted compliance checks in the past. However, it has been more than ten years since OFCCP most recently conducted a compliance check. As OFCCP has stated, compliance checks are meant to be an abbreviated way for the agency to assess whether a federal contractor or subcontractor is implementing the federal affirmative action laws.
Two parts of the compliance check are the same as they were in the past:
- OFCCP will gather information on accommodations provided for individuals with disabilities
- The agency will review job advertisements to make sure that an organization under review is listing postings with the relevant employment service delivery system (ESDS) office.
In the past, the third part of the compliance check was the submission of a report on progress towards meeting the previous AAP year’s placement goals for minorities and females. Under the current compliance check scheduling letter, OFCCP will ask for “AAP results for the preceding year.” This will include not only the submission of a goals progress report, but also the following:
- Information on good faith efforts made to increase the employment of minorities and females
- Documentation regarding the assessment of outreach conducted on the employment of individuals with disabilities
- Documentation regarding the assessment of outreach conducted on the employment of protected veterans
The request for information on “results for the preceding year” may expand the scope of the compliance check and may increase the number of hours associated with this kind of review.
OFCCP's web page on compliance checks includes the scheduling letter that will be used for organizations undergoing a compliance check and FAQs about compliance checks. A copy of the scheduling letter is also available on our website.