September is starting off in a hurry with a flurry of activity from OFCCP.  In addition to notices involving pay data and AAP verification, OFCCP also issued a new federal construction contractor Courtesy Scheduling Announcement List (CSAL) identifying an additional 400 construction compliance reviews.  Simultaneously, OFCCP disclosed its Methodology for Developing the CSAL.

Notably, the new CSAL does not replace the 2020 construction contractor CSAL.

Recall that in 2020, OFCCP issued a construction contractor CSAL identifying 200 planned “compliance checks” and a corresponding Methodology document.  While OFCCP subsequently removed compliance checks and focused reviews from the supply and service 2020 CSAL, it did not remove the construction compliance checks from the 2020 construction CSAL, as reflected in a current Agency FAQ.

  • OFCCP has removed compliance checks from the Supply and Service FY 2020, Release – 1 list. Does OFCCP plan to remove compliance checks from the Construction FY 2020, Release – 1 list as well?
  • No. OFCCP plans to proceed with the scheduling of compliance checks on the Construction FY 2020, Release – 1 list.

Thus, those entities identified on the 2020 list must still prepare for compliance checks, while the construction contractors on the 2021 CSAL must anticipate full compliance reviews.  This move is consistent with OFCCP Director Jenny Yang’s statements that the Agency is looking to reinvigorate its oversight of construction contractor AAP compliance efforts.

As with any CSAL, the Agency provides construction contractors with advance notice of an audit so they can take advantage of the time to improve compliance and take advantage of OFCCP’s compliance resources, including the construction contractor Compliance/Technical Assistance Guide and other “best practices.”

Tags: Advance Audit Notification, construction contractors, Courtesy Scheduling Announcement Letters, CSAL, OFCCP, Office of Federal Contract Compliance Programs
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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.

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