On April 12, 2019, OFCCP proposed significant changes to the agency’s Scheduling Letter process, notably by modifying the existing Compliance Review letter and significantly expanding the document and data requests and creating Compliance Check and Focused Review Letters for compliance evaluations under Executive Order 11246, Section 503 of the Rehabilitation Act (Section 503), and Section 4212 of the Vietnam Era Veterans’ Readjustment Assistance Act (VEVRAA). As proposed, the sub-regulatory changes will increase contractors’ burdens significantly by expanding the data and documents that are to be submitted to OFCCP during a desk audit.  Although presented as technical updates, the changes are substantive and adverse to federal contractors’ interests.

Fortunately, the proposed letters are subject to review and approval by the Office of Management and Budget (OMB) in accordance with the Paperwork Reduction Act.  The OMB process allows for comments to be submitted by June 11, 2019.  Because of the review process, the proposed letters likely will not be effective until later this year.  Because a number of the new provisions considerably expand contractors’ obligations, it is likely that OMB will receive comments addressing whether OFCCP’s proposed sub-regulatory changes should be authorized and implemented.

Please check back for updates as FortneyScott will be closely monitoring developments.  If you have any questions or would like to discuss submitting comments, please contact your FortneyScott attorney.