Berkshire is a human resources and technology firm specializing in affirmative action, pay equity, and DEI&A.
Supporting clients through an OFCCP audit is at the core of Berkshire’s services – and our audit support team is widely known to be the best in the industry. Each year, Berkshire prepares hundreds of audit submissions on behalf of our clients, boasting a compliance closure rate well above the OFCCP average of 80%.
Because our senior consultants have handled audits for over two decades or more, we can manage all phases and types of OFCCP compliance reviews, whether your organization is responding to a simple OFCCP inquiry or engaged in a full “desk audit” of a location or functional plan.
If your company is about to be under audit, you have come to the right place.
Berkshire’s Lynn Clements, Esq. manages Berkshire’s Pay Equity, HR Services and Audit Defense practices. With 25 years of experience in the EEO and affirmative action space -- including nearly eight years working as a former senior official at the EEOC and OFFCP -- Lynn brings a unique blend of regulatory knowledge and practical compliance expertise to every project she oversees. At Berkshire, Lynn’s superpower lies in her unique ability to guide clients through the stressful process of responding to government investigations.
Federal contractors who meet certain requirements must prepare affirmative action plans (AAPs) each year. Under a new system announced in 2022, covered contractors must certify that they have prepared an affirmative action program on an annual basis. However, new contractors are often surprised to learn that they do not need to submit their AAPs to the government unless they are selected for a compliance review.
Every year, OFCCP issues one or two audit scheduling lists, often called “Corporate Scheduling Announcement Lists” (CSAL). These lists identify the contractors selected for a compliance review, or audit, by OFCCP through a neutral, but not random, process. OFCCP publishes its scheduling methodology for each audit list on its website.
Typically, the agency issues separate lists for Supply and Service contractors and Construction contractors. All scheduling lists are publicly available on the DOL website. Appearing on the CSAL means an official audit letter, referred to as the Scheduling Letter and Itemized Listing, will be coming. The Scheduling Letter requires contractors to provide specific items to OFCCP for review, including the contractor’s current AAPs and data about personnel activity and employee compensation, among other items. A contractor has 30 calendar days to submit a response to OFCCP once it receives the official Scheduling Letter.
An OFCCP Compliance Review may include the following phases:
We provide our clients with strategic advice regarding the entire audit process.
Our support includes a thorough review of your AAP to ensure compliance with OFCCP regulations. We help you prepare your submission packet – a 26-part digital folder that contains all information requested by OFCCP.
Berkshire also provides each client with exclusive access to Client-Only Audit Resources and webinars to share trends from recent audits.
We can provide expert support during all phases of compliance reviews, for example:
Berkshire’s consultants have significant experience preparing and defending Affirmative Action plans. We prepare about 100 to 200 audit submissions each year on behalf of our clients from the public and private sectors. We have helped clients prepare audit submissions in every OFCCP region and our track record speaks for itself. In 2021 — a year in which OFCCP was engaging in longer and more detailed reviews — we helped clients close 108 audits, and supported 113 new audits.
We also maintain a database of questions asked during OFCCP compliance reviews, which helps us spot trends and get ahead of what the agency will be asking in future audits. We understand OFCCP’s current enforcement priorities and help our clients prepare audit submissions that anticipate and address those priority areas.
Our audit team is guided by Lynn Clements, our Director of Audit & HR Services, who spent more than 8 years working in several high-level policymaking roles at the EEOC and OFCCP. Her background gives her a unique perspective on your compliance efforts, and how the OFCCP will evaluate your AAPs. Berkshire’s entire team is deeply familiar with OFCCP requirements and works closely with our clients to successfully navigate even the most challenging audits, while maintaining good working relationships with OFCCP leaders and compliance officers.
"Berkshire’s audit support made all the difference for a successful result. As soon as we found out we were on the CSAL list, they went into action to help us begin preparing our AAP submission, so that we were ready when the scheduling letter arrived.
Berkshire brings a wealth of knowledge, expertise and experience when it comes to OFCCP audits. These audits are unpredictable and downright scary! Every audit is different. The webinars were spot on with suggestions to get prepared for the audit. We also heard from clients who went through the onsite review and shared their experiences firsthand."
- Compliance Programs Manager for a national technology company
"Berkshire is long-term and truly valued business partner. Their team is a key resource in delivering our compliance program.
Berkshire’s audit support team has provided the company with successful audit strategies. Their audit roadmap covers the full cycle from pre-audit activities to post audit close out. They have a team of experts ready to dive in!
The (client-only) webinars are full of information and tips that can be immediately applied. The insight I receive from the webinars helps keep our compliance program current and compliant. We receive exceptional guidance and support from Berkshire."
- HR leader for a global technology company