OFCCP’s most recent CSAL included, for the first time, establishments selected for promotion and accommodation focused reviews.  While the Agency has talked for sometime about initiating these types of focused reviews, there has been little information available to help contractors understand what the reviews will entail.   Today, the agency has provided some, albeit limited, insight with the Agency’s launch of landing pages for both Promotions Focused Reviews and Accommodations Focused Reviews. 

Regarding promotions focused reviews, OFCCP says:

Compliance Officers will review, among other things, contractor policies and procedures, employee personnel files, and personnel data tracking contractors’ promotion decisions. Compliance Officers will also conduct interviews with managers responsible for promotion decisions and, if applicable, with affected employees. OFCCP may also evaluate hiring and compensation policies, procedures, and data, as appropriate, to determine if qualified applicants are being steered into lower paying positions with limited upward mobility or otherwise prevented from advancing professionally.

Importantly, OFCCP states:

“[o]ne aspect of these reviews will be to examine whether discrimination occurs at the intersection of race and gender.

Regarding accommodations focused reviews, OFCCP states:

In conducting these reviews, Compliance Officers will examine a contractor’s policies and procedures related solely to religious and disability accommodations, as identified in the scheduling letter. The Compliance Officer will specifically review documentation relating to accommodation requests and dispositions, with a particular emphasis on denial(s) of accommodation.

However, at least for now, the web pages are short on details.  There is no example of the scheduling letters OFCCP will use or, thus, any itemized listing of what data and documents the Agency may require at the outset of a review.  However, there is a description of what the scheduling letter will entail:

The scheduling letter specifies the documents and data that a contractor must provide to OFCCP when selected for a promotions [or accommodations] focused review. The letter and itemized listing are tailored to obtain basic affirmative action programs, support data, and information applicable specifically to [accommodations and] promotion opportunities, policies and practices.

Likewise, OFCCP says a Sample On-Site Review Guide and a Sample Focused Review Report are “Coming Soon”.

For now, OFCCP has launched an FAQ page for promotion and an FAQ page for accommodation reviews.

Stay tuned for more information and insights on these focused reviews.

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Photo of Laura A. Mitchell Laura A. Mitchell

As co-leader of the firm’s ESG group, Laura Mitchell partners with her clients to evaluate, set, achieve and monitor their organizational culture and human capital goals. She focuses her practice on data analytics, including pay equity and other employee analytics, working side-by-side with…

As co-leader of the firm’s ESG group, Laura Mitchell partners with her clients to evaluate, set, achieve and monitor their organizational culture and human capital goals. She focuses her practice on data analytics, including pay equity and other employee analytics, working side-by-side with employers to build programs that benefit employees and create a stable, high-functioning workplace. Understanding that an inclusive, values-based culture provides a crucial competitive advantage in the modern workplace, Laura enjoys counseling companies on the development of proactive and equitable pay and diversity practices.

In Laura’s version of the reimagined workplace, attention to human capital issues, especially DEI and pay equity, would be the rule rather than the exception nationwide and she works with companies across all industries—both new and well-established multi-national organizations of all sizes—to realize this vision for her clients’ ongoing success. She helps clients understand all issues across the spectrum of their journey, helping to establish regular analyses as well as counseling organizations on implementation and compliance obligations, where applicable. Committed to putting her clients’ organizational goals first and foremost, Laura views herself as an extension of her clients’ team, responsible for providing proactive guidance and engaging in transparent, ongoing communication.

Laura also represents companies in OFCCP matters, preparing for and defending OFCCP audits, and counseling employers on issues stemming from OFCCP regulations. She personally oversees the development of hundreds of Affirmative Action Plans for clients each year and is intimately involved in the defense of OFCCP audits. Her approach to compliance is one of facilitation and conciliation while simultaneously advocating in the best interests of her clients.