OFCCP Compliance Review Steps and Strategies

#1 Rule for Managing an OFCCP Audit

• Know your AAP before you send it to the OFCCP

Notice of Audit

• Corporate Scheduling Announcement Letter (CSAL)– Use this notice to your advantage

• Scheduling Letter– Get started ASAP – 30 days to

respond– Identify resources (internal &

external)

Stages of an Audit

• Desk Audit• On-Site Review• Off-Site Analysis

Desk Audit

• Submission of complete and accurate information requested in scheduling letter to OFCCP office within 30 days

• Thoroughly review documentation/recordkeeping

• Attention to EO 11246, Section 503 & VEVRAA requirements

• Adverse impact analysis– Validate & refine

• Conduct compensation analysis• Highlight your accomplishments/good faith

efforts• Document all conversations with compliance

officer

On-Site Review

• Every 25th review will be chosen for full audit regardless of indicators (on-site included)

• Indicators of potential areas of discrimination or noncompliance with affirmative action requirements

• OFCCP visits contractor’s facility to inspect personnel documents and practices

• Can include interviews with employees and managers

• Review every document supplied to compliance officer

• Company representative, including attorney should be present at management interviews

Off-Site Analysis

• Documents determined to be necessary from on-site review are reviewed off-site

• Keep in touch with compliance officer

• Give OFCCP reasonable amount of time to complete review of data

• Have appropriate resources to prepare for negotiation and conciliation with OFCCP

Possible Outcomes/Closure of Audit

• Closure Letter (with or without violations)– Audit closed, no further action

required

• Notice of Violations• Conciliation– Reporting–Make-whole relief– Debarment

OFCCP News, Trends And Cases That Impact An Audit

• Rescission of Active Case Management• Active Case Enforcement• Rescission of I-9 form inspection• Rescission of comp guidelines• Frito-Lay case

– Desk audit requests limited to time frame in scheduling letter

• Increased focus on veteran/disabled outreach

• Increase in enforcement– Multi-establishment complaints and conciliation– Pursuing individual complaints and classes of 2

or more– Debarment

Resources

• Sample Corporate Scheduling Announcement Letter– http://

www.dol.gov/ofccp/regs/compliance/csal_letter.pdf

• Sample Scheduling Letter– http://www.dol.gov/ofccp/regs/compliance/OM

B_appr_letter.pdf

• Federal Contract Compliance Manual– http://www.dol.gov/ofccp/regs/compliance/fcc

m/fccmanul.htm

• Active Case Enforcement Directive– http://www.dol.gov/ofccp/regs/compliance/faqs

/ACE_faqs.htm#Q6

Contact Info

• Carla Irwin• Carla Irwin & Associates, Inc.• cirwin@hrlinkgroup.com• 815-254-0690• www.carlairwininc.com