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.”

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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…

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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