Proposed OFCCP Scheduling Letters Released

OFCCP recently released proposed scheduling letters for the agency’s new Promotions and Accommodations Focused Reviews. The proposed scheduling letters must be approved by the Office of Management and Budget before the OFCCP can begin scheduling contractors on the Fall 2020 Scheduling List for these new types of reviews.

The breadth of the items that OFCCP is proposing to request during these new reviews will be a bit of a surprise to contractors, particularly since the agency had more narrowly tailored letters for the earlier Section 503 and VEVRAA Focused Reviews that are being scheduled now. Indeed, despite the “focused” nature of the new Promotions and Accommodations reviews, the agency is proposing that contractors submit all personnel activity data (applicants, hires, promotions, and terminations) and an Item 19 compensation snapshot in both types of reviews.

Accommodations Focused Review: If the proposed Scheduling Letter and Itemized Listing is finalized, contractors will be asked to submit the following items in an Accommodations Focused Review:

• Current Executive Order 11246 AAP, Section 503 AAP and VEVRAA AAP
• The individuals with disabilities utilization analysis, including an update that reflects current year progress if you are six months or more into your current AAP year
• Any collective bargaining agreement(s) applicable to the location
• Information on your EO 11246 affirmative action goals for the immediately preceding AAP year and, if you are six months or more into your current AAP year, progress on your goals for the current AAP year
• Data on your employment activity (applicants, hires, promotions, and terminations) for the immediately preceding AAP year and, if you are six months or more into your current AAP year, personnel activity data for the first six months of the current AAP year
• Employee level compensation data for all employees
• Copies of reasonable accommodation policies, and documentation of any accommodation requests received and their resolution, if any
• Your most recent assessment of your personnel processes, including a description of the assessment and any actions taken or changes made as a result of the assessment
• Your most recent assessment of physical and mental qualifications, including the schedule of the assessment and any actions taken or changes made as a result of the assessment

OFCCP indicates a projected burden of 10 hours to respond to this type of review. The full text of the proposed Accommodations Focused Review letter is available here.

Promotions Focused Review: If the proposed Scheduling Letter and Itemized Listing is finalized, contractors will be asked to submit the following items in a Promotions Focused Review:

• Current Executive Order 11246 AAP, Section 503 AAP and VEVRAA AAP
• An organizational display or workforce analysis prepared according to 41 CFR § 60-2.11
• Information regarding your job groups and a statement of the percentage of minority and female incumbents
• Information regarding your minority and female availability for each job group, and the comparison of incumbency to availability
• Information regarding your placement goals for each job group in the current AAP year
• Copies of Component 1 of your Employer Information Report EEO-1 for the last three years
• Any collective bargaining agreement(s) applicable to the location
• Information on your EO 11246 affirmative action goals for the immediately preceding AAP year and, if you are six months or more into your current AAP year, progress on your goals for the current AAP year
• Data on your employment activity (applicants, hires, promotions, and terminations) for the immediately preceding AAP year and, if you are six months or more into your current AAP year, personnel activity data for the first six months of the current AAP year
• Employee level compensation data for all employees
• Copies of reasonable accommodation policies, and documentation of any accommodation requests received and their resolution, if any
• Your most recent assessment of your personnel processes, including a description of the assessment and any actions taken or changes made as a result of the assessment
• Your most recent assessment of physical and mental qualifications, including the schedule of the assessment and any actions taken or changes made as a result of the assessment

OFCCP indicates a projected burden of 20 hours to respond to this type of review. The full text of the proposed Promotions Focused Review letter is available here.

Berkshire will monitor the implementation of these new letters and will provide updates as they are rolled out by the agency.