OFCCP Proposes Sweeping Changes to Scheduling Letters

Posted by Sonia Chapin, SPHR, SHRM-SCP on April 12 2019

Making good on the promise at the recent town hall meetings, OFCCP recently published proposed updates to the scheduling letters, opening a 60-day comment period on these updates. It’s important to note that these changes are proposed and comments from the public are due by June 11. Given the nature of these changes, employers, law firms, consultants, employer associations, and civil rights organizations will likely be weighing in on this change. OFCCP’s current scheduling letters expire (that is, they are due for renewal of the OMB approval) on June 30. We believe it is unlikely that changes to the letters will be implemented by then and anticipate a temporary extension for the existing letters. So, for the foreseeable future, audits initiated in the next six to nine months (including those locations on the recently published CSAL) will probably be conducted under the existing letters.

OFCCP Opens Consideration for Vets Hiring Recognition Awards

Posted by Patti Sauer, Managing Consultant on April 11 2019

OFCCP is now accepting applications for the 2019 HIRE Vets Medallion Award! This award recognizes federal contractors who have made it their mission to hire, recruit, and retain America’s heroes. Organizations of all sizes can apply, over 230 organizations received the award last year and the process is easy and secure.

The application period is open from now through April 30. Click here for more details.

FY19 Scheduling List Update

Posted by Beth Ronnenburg, SPHR, SHRM-SCP, President on April 5 2019

As we continue to review OFCCP’s recently-released scheduling list and the methodology the agency used to develop the list, it appears the OFCCP will first be scheduling the 500 Compliance Checks, 83 Corporate Management Compliance Evaluations (CMCE), and 72 Functional Affirmative Action Plan (FAAP) Reviews. In the middle of the last paragraph of the OFCCP’s Methodology for Developing the Supply and Service Scheduling List FY 2019, Release-1, available at: https://www.dol.gov/ofccp/scheduling/index.html it states:


EEO-1 Pay Data Collection Update

Posted by Cindy Karrow, SPHR, SHRM-SCP, Senior HR Consultant on April 4 2019

EEOC responded to the Court’s questions about its ability to collect Component 2 of the EEO-1 report on April 3, 2019. Read the full response here. The EEOC’s response is summarized below:  

UPDATE on Stay of Collection of EEO-1 Pay Data Lifted by Court

Posted by Kristen N. Johnson on March 20 2019

The EEOC opened the reporting site on March 18 as planned—without the Part 2 compensation component—and on March 19 the parties that filed the lawsuit challenging the stay of collection of compensation data were in court asking EEOC to explain why the compensation section was not included in the 2018 report.

Stay of Collection of EEO-1 Pay Data Lifted by Court

Posted by Kristen N. Johnson on March 5 2019

A federal judge has ordered that a stay on the collection of compensation data on the EEO-1 report be lifted. Berkshire previously reported on the expansion of the EEO-1 form to include detailed worker pay data in 2016. The pay data collection tool was stayed by the current administration in 2017, and that stay was challenged in court in 2018.

More Information on the Upcoming CSAL and Section 503 Focused Reviews

Posted by Brian LaCour on March 4 2019

The OFCCP has announced that its next Corporate Scheduling Announcement List (CSAL), detailing which federal contractors will be listed for an OFCCP audit, will be released in mid-to-late March 2019. OFCCP is also, for the first time, releasing the CSAL exclusively in their FOIA Library and forgoing mailing letters about the upcoming audit to contractors.

Update for the 2018 EEO-1 Filing

Posted by Cindy Karrow, SPHR, SHRM-SCP, Senior HR Consultant on February 1 2019

Today the EEOC announced that the website used for filing the EEO-1s will be open in early March. The delay in opening the website is due to the partial government shutdown that affected the EEOC.

Preparing for the 2018 EEO-1 Filing Season

Posted by Cindy Karrow, SPHR, SHRM-SCP, Senior HR Consultant on January 18 2019

When I signed up to write this blog I thought we would all be preparing for the 2018 EEO-1 filing season. Instead, the EEOC is closed during the partial federal government shutdown. Therefore, we do not have any new news about the filing. However, we have some suggestions as you prepare for filing the 2018 reports after the EEO-1 website is up and running again.

Impact of the Government Shutdown

Posted by Kelly Andrews, PHR, SHRM-CP on January 3 2019

Despite the churning of the contractor community rumor mill, the Department of Labor has not been impacted by the current government shutdown. The agency received funding earlier in the year so normal operations remain unaffected. Despite the partial shutdown, federal contractors can expect that current OFCCP audits will proceed as usual. While some agencies are closed, and non-essential employees are no longer reporting to work, OFCCP is open and the community should not expect any delays for current and upcoming OFCCP audits.