The OFCCP has just announced that they are, “on schedule to post its next Corporate Scheduling Announcement List (CSAL) in OFCCP’s FOIA Library in mid-to-late March 2019.” As a result, OFCCP will soon be issuing notices to 3,500 federal contractors in the next month. In the past, CSALs, which are alerts from OFCCP informing contractors that their establishment has been selected for an audit, were mailed directly to the contractor. Now the agency will post the CSALs on its website with contractors responsible for learning on their own if they are to be audited.
The Agency also announced that 500 of the CSALs would be for a new kind of targeted compliance evaluation – a focused review. These focused reviews are aimed at ensuring compliance not only with Executive Order 11246 but particularly with Section 503 of the Rehabilitation Act and the Vietnam Era Veterans’ Readjustment Assistance Act (“VEVRAA”), that is, the laws designed, in large part, to protect individuals with disabilities. The focused review will always include on-site interviews with compliance managers and protected employees, as well as reviewing recruiting, hiring, and accommodations data. To view a copy of the scheduling letter that will be used for OFCCP’s focused reviews, click here.
Register here to join a complimentary FortneyScott “Lunch & Learn” webinar: Preparing for OFCCP Focused Reviews, to be presented on February 27, 2019 at 12 noon, EST.
There will also be changes to the traditional compliance review. Once the scheduling letters are received, contractors will have 30 days in which to submit their Affirmative Action Plans (AAPs) and the other items required by the scheduling letter and itemized listing. In order to facilitate a timely submission, the assigned compliance officer will contact the contractor within 15 days of the contractor’s receipt of the Scheduling Letter to offer technical assistance.
OFCCP will grant a one-time 30-day extension for submission of supporting data related to the EO 11246, VEVRAA and Section 503 AAPs, provided the contractor:
- Requests the extension prior to the initial 30-day due date for the AAPs; and
- Timely submits the basic EO 11246, Section 503 and VEVRAA AAPs within the 30-day period after receiving the Scheduling Letter and Itemized Listing.
Failure to submit AAPs and/or supporting data timely, with approved extensions, will result in an immediate Show Cause Notice.
Please contact your FortneyScott attorney or send an email to firstname.lastname@example.org for more information on this new extension policy or for assistance in preparing AAPs and responses to Scheduling Letters. As more information about the focused reviews becomes available, it will be posted on this site.