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.