The OFCCP has issued three additional directives. Directive 2019–02 outlines the process the OFCCP will use for early resolution of identified violations. With the Early Resolution Procedures or ERP, OFCCP and contractors with multiple establishments can agree to resolve problems quickly with a variety of actions, dependent upon the identified violation.
Just in time for Halloween, OFCCP has been busy with what some may think are scary activities. Contractors with locations on the latest CSAL list are beginning to receive the initial phone calls to schedule their compliance reviews. The scheduling letters were said to start being mailed out on October 22, 2018.
OFCCP demonstrated they are listening to federal contractors about the way businesses operate in the current environment. For many contractors, business does not operate out of a single establishment address but from a number of work spaces, including company owned or leased establishments, shared work spaces, client locations, and home offices. Business functions are spread among multiple physical locations, and developing an AAP for each location does not provide leaders with an effective affirmative action analysis for their area of responsibility. Additionally, a single business location may house multiple functions which makes it nearly impossible to provide a meaningful analysis or assign responsibility when the functions are grouped together.
Register and attend the Metro Atlanta ILG meeting where Berkshire’s Director of Regulatory Affairs, Lynn Clements will share how to prepare onsite compliance reviews on September 13 in a presentation entitled, “Under the Microscope: How the Government Examines Your Employment Practices Under the ADA and Section 503.”
Today, OFCCP announced three different directives geared towards maximizing the success of compliance assistance outreach for federal contractors. The directives include new procedures for reviewing compensation practices, a program to verify that contractors are in full compliance with federal AAP requirements, as well as an initiative that will establish a program that recognizes contractors with high-quality and high-performing compliance initiatives.
Updated on February 15, 2018:
OFCCP has updated the Frequently Asked Questions (FAQs) related to the recently-issued Corporate Scheduling Announcement Letters (CSAL) to indicate that contractor’s requests for extensions for submitting AAPs will be closely scrutinized and not routinely granted. The agency takes the position that contractors are receiving 45 days’ notice with the initial CSAL, and have an additional 30 days to submit the plan when the scheduling letter is received. Berkshire recommends that contractors take steps now to ensure locations on the advance notice list are prepared for an OFCCP audit in 2018. The full text of the OFCCP’s FAQs is available here.