As we first reported last summer, OFCCP has been contemplating publishing the advance notification list of employer’s and their facilities selected for upcoming compliance reviews via the web.  It came to our attention yesterday that these lists were available on OFCCP’s website – without any prior notification from the Agency.   However, as it turns out, the availability of the information was the result of an error and not the Agency’s rollout of the controversial practice of making this information available to the public at large.

Jackson Lewis has learned in speaking with OFCCP’s National Office that while they are still contemplating and reviewing the practice of posting the advance notices online, the decision to do so has not been reached and yesterday’s posting was a “technical snafu” resulting in the appearance of a “test page” developed when OFCCP first began considering this notification option.  We were reassured that OFCCP will notify the contractor community if and when it decides to move forward with the electronic posting practice as a final determination has not yet been made.

We’ll be sure to let you know as soon as we have any additional information to share.