'Twas 30 Days Before an Audit...

It’s the season of countdowns! We have the 4 Sundays of Advent, 5 days of the Hindu festival Pancha Ganapati, 8 nights of Hannukah, 12 days of Christmas, and counting down to the New Year. Here’s another countdown for you if you’re a federal contractor: the 30 days before an audit.

You’ve received an Office of Federal Contract Compliance Programs (OFCCP) scheduling letter. You have to submit your AAPs along with 19 other items within 30 days. After contacting your Berkshire consultant, what do you do next?!

Day 1:

• Confirm your company currently maintains a facility with at least 50 employees at the address listed on the audit letter and the date your submission is due to the OFCCP.

Days 2-5:

• Form a project team to assist with the AAP submission and follow-up questions. Notify stakeholders - such as the location HR leader, talent acquisition, compensation, HRIS, legal – and provide a brief overview of what to expect. Berkshire recommends having a kick-off call for the audit project team to get started.
• Determine if certain items might take more time to gather from other departments and develop a project timeline with your Berkshire Consultant to ensure all items can be obtained and reviewed in time.
• Submit any additional employee data, such as update data, if Berkshire does not already have it.
• Begin to prepare the required compensation data submission by collecting employee-level pay data for all employees on the workforce analysis of the plan under review.

Days 5 – 14:

• Work with your Berkshire Consultant to review the personnel activity to be reported and to determine what employee-level compensation data you will submit.
• Begin to gather the following items included in your initial submission.
  • Copies of the last three years EEO-1 and VETS-4212 reports for the location under audit
  • If unionized, a copy of any collective bargaining agreements that are active at the date of the scheduling letter.
  • A written evaluation of the effectiveness of outreach efforts for Veterans and Individuals with Disabilities.
  • A review of your personnel processes, including the application process, selection for interviews, hiring decisions, promotion selections, and selections for a reduction in force. Confirm this review has occurred in the past 12 months and the next review is scheduled.
  • Confirm the required mental and physical qualifications review has occurred in the past 12 months and the next review is scheduled.
  • A copy of your accommodation policy and a list of requested and approved accommodations (both disability and religious) in the past 12 months at the location under audit.
• Begin to check for compliance with these commonly-requested items.
  • The audit and reporting system and identification of problem areas described in your AAP.
  • Obtain a sample purchase order and verify the most recent EEO reference is included in bold print.
  • Ensure the vendor notification letter and recruitment partner notification is up to date and has been sent to covered vendors and partners within the past 12 months.
  • Online application systems: Confirm there is a link from the recruitment or Careers home page to the EEO is the Law poster, the pay transparency nondiscrimination statement, the Company’s signed AA Statement of Policy, and any supplements. Confirm there is a website accessibility statement allowing applicants to apply using an alternative method or request an accommodation. Verify the contact information and phone number or email is valid and monitored.
  • Job Postings: Confirm all job postings have the correct version of the EOE tagline and all open positions (unless exempt from the listing requirement) are provided to the state employment service delivery system (ESDS)
  • Employment Postings: Ensure the most recent signed AA policy, the EEO is the Law poster and any mandatory supplements, EO 13496 poster, pay transparency nondiscrimination statement, and (if applicable) the EO 13658 poster are physically displayed in the work location and available electronically for remote employees.
  • Policies: Ensure your harassment policy prohibits harassment on the basis of all currently-protected characteristics. Review copies of policies governing leave of absence for medical, military, or religious reasons and any religious accommodation policy.

Days 15-25

• Review your AAP results with your Berkshire Consultant and discuss any areas of concern.
• Review any areas of concern about your Item 19 compensation data submission.
• Begin to remedy areas of compliance weakness. The adage “better late than never” applies for contractors who may not be in full compliance prior to the audit initiation date.

Days 25-28

• Finalize submission documents
• Have submission documents reviewed by internal stakeholders

Day 30

• Submit the packet of items to the OFCCP
• Breathe!

Remember, Berkshire will partner with you during this *gift* of 30 days to help present your workforce in the best light!