OFCCP Requests OMB Approval on FAAPs

Posted by Sonia Chapin, SPHR, SHRM-SCP on April 17 2019

This week, OFCCP published a request to extend the Functional Affirmative Action Program (FAAP) process with no changes to the existing requirements. The FAAP is an alternative to typical establishment-based AAPs; contractors provide detailed information to the agency and can receive approval to create functional, rather than geographic, plans. The current Office of Management and Budget (OMB) approval for the FAAP documents expires on April 30, and OFCCP has applied to extend the authorization for another three years. 

Need an Affirmative Action Plan? Get More Information on Affirmative Action Plan Developmemt

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.

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:


OFCCP Releases New Web Page in Support of Section 503 Focused Reviews

Posted by Sonia Chapin, SPHR, SHRM-SCP on March 8 2019

In yet another signal the agency is serious about focused reviews, OFCCP added a web page to its site that compiles a number of resources related to IWDs. The new page offers ten different items, including the following:

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.

View FREE Webinar on Creating Required Auditing & Reporting Process

Posted by January Mallory on February 28 2019

RECORDED: March 2019

If you were not able to tune in for the first three webinars in the Section 503 compliance webinar series, you definitely do not want to miss this next one titled Creating Required Auditing & Reporting Process. On March 13, 2019, at 1:00 p.m. EST, Sonia Chapin, Managing Consultant and Audit Advisor at Berkshire Associates, will discuss the requirement contractors have to monitor and report on their Affirmative Action efforts for Individuals with a Disability, and the responsibility to correct for deficiencies in their program should they exist. Contractors will learn steps they can take to satisfy the requirement, including best practices for documenting the actions taken to comply. Sonia will also discuss how to respond to OFCCP’s request for records during a compliance review.

Berkshire’s President Reviews OFCCP Compliance in 2018 and Forecast for 2019 at Charlotte ILG Meeting

Posted by January Mallory on February 15 2019

Thinking back on the last year, 2018 was one for the books. Since OFCCP Director Craig Leen took office, OFCCP has made numerous changes that could affect compliance efforts for federal contractors.

OFCCP Releases Another Directive

Posted by Liz Balconi, PHR, SHRM-CP, M.A., Managing Consultant on February 15 2019

The OFCCP has released a new directive creating the Voluntary Enterprise-wide Review Program (VERP). This directive is voluntary for federal contractors and is targeted towards contractors looking to get themselves in full compliance.

OFCCP’s Plans for Audits in Fiscal Year 2019

Posted by Michiko Clark, Associate HR Consultant on February 1 2019

It’s that time of year again. OFCCP is getting ready to release their next list of contractors who will be subjected to a compliance review in fiscal year 2019. The agency has indicated they intend to increase the number of audits this fiscal year to 3,500. These audits may consist of compliance evaluations, compliance checks, and focused reviews. This is the first time the since fiscal year 2014 that the OFCCP has planned to schedule more than 3,000 audits.

FREE Webinar on OFCCP Section 503 Focused Reviews and How to Prepare Now—View Recording

Posted by January Mallory on February 1 2019

Duration: 60 minutes
Cost:  Free
Recorded: February 2019
Presenter: Lynn Clements, Director of Regulatory Affairs

OFCCP recently announced it would conduct focused reviews of federal contractors’ Section 503 compliance during its Fiscal Year 2019 scheduling cycle. The agency also checks Section 503 compliance in every current compliance review.