The Office of Federal Contract Compliance Programs (OFCCP) has released a scheduling list that includes the establishments that will be scheduled for focused reviews to evaluate their compliance with the Vietnam Era Veterans’ Readjustment Act (VEVRAA). This list contains 500 establishments and is a supplement to the scheduling list first released on March 25, 2019 that included 3,500 establishments to be scheduled for compliance reviews, Section 503 focused reviews, compliance checks, Functional AAP reviews, or Corporate Management Compliance Evaluations.
Last week, President Trump rescinded Executive Order (EO) 13495, the Nondisplacement of Qualified Workers Under Service Contracts. President Obama issued this order in January 2009, along with two other EOs that directly impact Federal contractors. Under the old EO, companies assuming performance of an existing contract were required to offer employees of the existing contractor first right of refusal when staffing for the new contract. The EO also required all Federal contractors to display a poster informing employees of their rights. This recession also terminated any investigations or compliance actions based on Executive Order 13495.
The OFCCP recovered a record amount in monetary damages in fiscal 2019, which came to a close at the end of September. The agency announced just over $45M in financial remedies, almost equally split between hiring and compensation discrimination claims. The agency indicates this is a $16M increase over its fiscal 2018 enforcement recovery. The number of audits completed is up over last year as well – while complete 2019 data is not yet available, the agency closed just over 800 reviews in 2018 and almost 1100 from October 2018 through the beginning of September 2019.
On Wednesday October 23, Berkshire had the opportunity to attend the OFCCP Academic Institution Town Hall held in Washington, DC. The format of the Town Hall was more of a focus group, with members from the higher ed community, to give their feedback on the recent Technical Assistance Guide (TAG) that was recently published by the OFCCP. The town hall also presented an opportunity for key players to voice where they believe the OFCCP should be heading in the future when it comes to academic institutions.
The event was coordinated by a neutral facilitator and there were a few OFCCP members in attendance, including Director Leen, who opened up the Town Hall with a brief introduction to the day, including a mention that Colleges & Universities will be on the Spring 2020 Corporate Scheduling Announcement List (CSAL),
Recorded on November 7, 2019, Berkshire's Higher Education Consulting Specialists Sybil Randolph, Julie Dominguez, and Michiko Clark breakdown the OFCCP’s Educational Institutions Technical Assistance Guide and how this guide may impact decisions regarding your AAP.
In August of 2018, OFCCP announced that future scheduling lists for compliance evaluations by the OFCCP would include reviews focused solely on compliance with Section 503, “to ensure that federal contractors fully comply with equal employment opportunity obligations and consider other best practices to increase employment of qualified individuals with disabilities”. In March 2019, when the next and most recent list of contractors scheduled for review was published, 500 of those reviews were Section 503 focused reviews. The agency has indicated that focused reviews will continue and the numbers will increase with future scheduling lists.