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.
OFCCP announced that they will hold a Town Hall meeting for Academic Institutions on October 23, 2019, from 8:30 AM – 1:00 PM in Washington DC. The session is open to the public for anyone to attend, however the main focus will be directly related to these organizations’ compliance with OFCCP requirements.
In an interesting twist in the ongoing saga about the collection of employee pay data by the federal government, the EEOC announced in a Federal Register Notice that it will not seek renewal of Component 2 of the EEO-1 Report under the Paperwork Reduction Act (PRA). Importantly, this decision does not change the deadline for filing the 2017 and 2018 Component 2 data by September 30, 2019.
After the first round of comments, OFCCP recently published revisions to proposed updates to the scheduling letters, opening another 30-day comment period before any revisions will be finalized. OFCCP originally proposed changes to the scheduling letters in April with comments received through June 11. The revisions incorporate changes made as a result of comments to the initial proposals, several coming from Berkshire Associates. Comments from the public for these versions are due by July 29.
Continuing its focus of ensuring the agency is covering all types of government contractors’ compliance with their affirmative action obligations, OFCCP has proposed to conduct compliance checks for construction contractors with direct federal contracts and federally assisted contracts. Comments on the proposal are due June 7, 2019.
The OFCCP has published the FY2019 Supply and Services Corporate Scheduling Announcement List (CSAL) on its website. As mentioned previously, OFCCP will not send courtesy letters to contractors that the agency plans to review, prior to sending the scheduling letter. OFCCP has instead posted the list of 3,500 planned reviews.
The OFCCP announced its plan to post the next Corporate Scheduling Announcement List (CSAL) in its FOIA Library in mid-to-late March. This will be the only notification to contractors as there are no plans to send mail notifications to establishments on the list. Contractors are strongly encouraged to subscribe to the OFCCP’s email updates prior to March. Use the link here to sign up.
Although it’s not entirely clear how the agency plans to do so, OFCCP has stated its intention to identify contractors who fail to certify their Affirmative Action compliance for audit review. This certification is currently required as part of the Government Services Administration (GSA) System for Awards Management (SAM). Every organization who does, or wants to do business with the federal government is required to register their company information on SAM. As part of the registration, the company representative must attest to several requirements. One attestation is that the company either has developed an AAP, has AAPs on file or they are not required to have an AAP.