Last August we reported on OFCCP’s announcement  (DIR 2018-04) that starting in 2019 it would be conducting truncated “Focused Reviews” that centered on compliance with AAP requirements under Section 503 (Individuals with Disabilities) and VEVRAA (Veterans).

If everything goes according to OFCCP’s plan, the next round of CSALs will include notices for these more limited Focused Reviews under Section 503.  In total, OFCCP expects to conduct 500 focused reviews in FY2019.  While Director Leen had previously indicated the CSAL list would be released in February, we’ve learned he now believes it will likely not be released until further into the Spring.

In preparation for this, OFCCP requested approval for a “Non-material change request” for a Scheduling Letter for Focused Reviews (OMB form 1250-0003). OMB approved the new form in late November.

Takeaways:

  • The revised Scheduling Letter contains no additional formal requirements for contractors to complete. The Focused Review Scheduling Letter is simply a pared down version of the standard OFCCP Scheduling Letter
  •  The revised Scheduling Letter approved by OMB only includes requests for Section 503 data with the notable exception of requesting a copy of the contractor’s Executive Order 11246 affirmative action plan (not including itemized listing data) as well as 3 years of EEO-1 reports. 
    • It is not clear how these two specific items will further OFCCP’s review of a contractors compliance with the disability regulations as they pertain to, and contain only, race and gender information.
  • The Focused Review Scheduling Letter is set to expire on 6/30/2019.  This is likely because the standard OFCCP Scheduling Letter must be renewed/reviewed at the same time as part of the regular 3-year process.
  •  According to the Agency’s request to OMB, “OFCCP will not conduct a greater number of compliance evaluations as a result of the implementation of the focused reviews as they will not be conducted in addition to, but in lieu of, compliance reviews in a number of instances.”

Overall, this comes as good news for contractors who are trying to proactively prepare for a potential focused review.  Though our advice is not to lose focus and to continue to evaluate your compliance.