In another show of transparency, OFCCP has released a detail description of its process for selecting contractors for audit.  The two-page document walks through, step-by-step, the process OFCCP undertook to identify establishments for the “first release of the FY 2018 Supply and Service scheduling list.”  As the release explains, OFCCP is not required to make these disclosures but decided to do so voluntarily.

As a first point to note, description describes this as first release, indicating, not surprisingly, that there likely will be a second round of scheduling occurring later this fiscal year.

The description then moves into detail about how they bucket contractors based on organizational relationship and how the Agency takes into consideration, employee count, contract details and other factors.

Finally, the description notes that once the establishments were identified, they were randomly ordered, uploaded into the Case Management System and, if necessary,

appended to district offices’ lists of unscheduled establishments. OFCCP does not purge unscheduled cases from prior lists before releasing a new scheduling list.” 

This last section explains why contractors may be seeing scheduling letters without first receiving a CSAL.  Because the unscheduled cases are not purged, they remain in the system, and thus might be added to the list, even though they were not newly selected.

As OFCCP continues to provide new and additional information we will be sure to update.

Photo of Laura A. Mitchell Laura A. Mitchell

Laura A. Mitchell is a Principal in the Denver, Colorado, office of Jackson Lewis P.C. She is a member of the firm’s Affirmative Action and OFCCP Defense practice group as well as the firm’s Pay Equity Resource Group. She is also on the leadership team for the firm’s Government Contractor Industry Group.

Her practice is focused on representing government and non-government contractors in OFCCP matters, preparing for and defending OFCCP audits, and counseling employers on issues stemming from OFCCP regulations. Ms. Mitchell personally oversees the development of hundreds of AAPs each year and is intimately involved in the defense of numerous OFCCP audits. She also spends significant time counseling companies in connection with conducting pay equity analyses as well as government contractor employment obligations.

Ms. Mitchell is the editor and a principal contributor of The Affirmative Action Law Advisor blog and frequently presents on pay equity, affirmative action compliance, OFCCP enforcement trends, and government contractor obligations.

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