The Office of Federal Contractor Compliance Programs (OFCCP) released two new Corporate Scheduling Announcement Lists (CSALs) on September 11, 2020. These lists provide notice to federal contractors and subcontractors that will be undergoing an affirmative action compliance review. The list for supply and service contractors contains 2,250 contractor establishments while the list for construction contractors contains 200 construction projects.

CSAL for Supply and Service Contractors Includes Various Types of Reviews

The CSAL for supply and service contractors indicates the agency will conduct several different types of reviews. OFCCP will continue to conduct the following types of reviews:

• Traditional establishment reviews
• Compliance checks
• Corporate management compliance evaluations (CMCEs).

OFCCP will also conduct 250 additional reviews focused on the affirmative action law regarding individuals with disabilities, Section 503 of Rehabilitation Act. The agency is currently working to complete the 500 Section 503 focused reviews that were included in the CSAL released in March of 2019.

Two New Types of Focused Reviews Included in Supply and Service CSAL

There are two new types of compliance reviews included in the supply and service CSAL. OFCCP intends to conduct 500 reviews focused on federal contractors’ promotion policies and practices and 500 reviews focused on federal contractors’ accommodation practices. The accommodation reviews will examine a federal contractor’s religious accommodation practices as well as disability-related accommodation practices. A scheduling letter for these types of compliance reviews has not yet been developed, and thus it may be some time before the agency begins reviews focused on promotion or accommodation.

OFCCP Intends to Schedule Construction Contractors for Compliance Checks

OFCCP has done a very small number of compliance reviews for construction contractors and subcontractors during recent years. The agency’s CSAL for construction contractors includes 200 project sites where the agency will conduct compliance reviews. However, the CSAL states that all of these construction reviews will be compliance checks. A compliance check is a more limited form of compliance review than a traditional compliance review. It appears that OFCCP intends to reach a larger number of construction companies through this limited type of review.

Compliance Reviews from Previous CSALs Not Yet Completed

Recently, OFCCP announced that it has begun to schedule reviews focused on the affirmative action law for veterans that were included in the CSAL that was released in November of 2019. The agency also continues to work on closing reviews that were announced in the CSAL from March of 2019. It may be difficult for OFCCP to schedule any of the reviews announced in the new CSALs prior to the end of the calendar year since there are a significant number of establishments from the 2019 CSALs that still must undergo review.

If your organization is included in any of these CSALs and needs assistance, please contact us.

(This post was lightly edited on September 18 to better reflect the types of reviews OFCCP will be conducting.)