2010 OFCCP Audit Trend Update

So far this year, Berkshire has seeing many new trends in desk audits and onsite evaluations. Of special note, information that was previously requested during on-site visits is now being requested prior to any discussion of an on-site visit. Here are some additional agency trends worth noting:

·         Agencies are embracing electronic desk audit submissions, consistently requesting compensation data in electronic format

·         Adverse impact analysis is now being conducted by most favored group

·         Conciliation agreements are being issued on failure to post jobs with local Veteran and disability associations and agencies

·         Audits conducted under the American Recovery & Reinvestment Act (ARRA) have also been on-site audits with a visit from the compliance officer(s)

·         Contractors whose ARRA audits have closed successfully with no adverse findings often find themselves being audited again in a short timeframe

·         Questionnaires emailed to human resources are reviewed during the onsite review

Some specific items reviewed in audits include:

·         Requests for filed Vets-100/100-A forms—this is anticipated to become a routinely requested item in the desk audit letter when it is revised

·         Requests for samples of blank or completed self-identification form(s)

·         Requests for a copy of the employment application form(s)

·         Requests for verification that open positions are posted with the state employment service

·         Requests for supporting documentation that explains the contractor’s employee selection process in detail, with names of responsible parties

·         Requests for documentation of when the contractor has made reasonable accommodations for employees or applicants with disabilities

·         Requests for a list of terminated individuals and their contact information

·         Requests for a list of employees who have been on maternity leave in the plan year, their salary information before and after leave, and their contact information—some compliance officers have interviewed employees on the list

·         Requests for an explanation of differences in pay for job titles affecting protected and non-protected employees

·         Requests for an explanation on absence of promotions in the plan year (if applicable)

·         Requests for the results of adverse impact analysis findings

As the OFCCP enters a new fiscal year, contractors are well advised to review these items in preparation for an audit. Also be on the lookout for the Corporate Scheduling Announcement Letter that is often mailed to the CEO’s attention in the fall. 

For more information on any of these updates, please contact Berkshire Associates at 800.882.8904 or email bai@berkshireassociates.com.