Jackson Kelly PLLC

Government Contracts Monitor

OFCCP On the Move ...

October 4, 2018

By: Lindsay Simmons

On September 7, 2018, the U.S. Department of Labor, Office of Federal Contract Compliance Programs (OFCCP) issued 750 courtesy scheduling letters to federal government contractors, notifying them that their affirmative action plans (AAPs) could be audited. The OFCCP published the list of federal contractors that received this “courtesy”. 

The letters let contractors know, 45 days in advance, that the Office of Management and Budget (OMB) will be issuing approved scheduling letters. Once a contractor receives an OMB approved scheduling letter, it has just 30 days to submit its AAP. So, what does the courtesy do? It provides contractors with a minimum of 75 days advance notice to have their AAPs ready. And, what should contractors do now? Get ready.

Contractors and subcontractors should notify each establishment within their company (1) to be on the lookout for an OFCCP notification and (2) about the procedures to follow in the event a notice is received – such as notifying the HR department. In light of this recent activity, contractors should also:

  • Collect copies of AAPs for the current and prior year and raw data concerning applicants, hires, terminations, promotions and employee compensation.
  • Determine whether the entity complies with all federal affirmative action requirements.
  • Prepare an Impact Ratio Analysis to determine whether women, minority and individual minority groups experience an adverse impact in hiring, promotion or termination.
  • Analyze compensation to determine if existing wage disparities exist based on race or gender and, if disparities exist, determine whether they are defensible.
  • Collect documentation regarding outreach efforts in job groups that do not meet availability percentages with women and minorities.
  • Collect documentation regarding outreach efforts to veterans and individuals with disabilities.
  • Assemble any EEO-1 Reports and Vets 4212 Reports filed for the previous three years.

Lindsay Simmons is responsible for the content of this article.

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