On May 20, the Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) released its annual Corporate Scheduling Announcement List (CSAL) for supply and service contractors. It is posted in the OFCCP’s online Freedom of Information Act library for public viewing.
The CSAL is the OFCCP’s advance notification to federal government contractors and subcontractors that have been selected as potential targets for compliance evaluations. The 2022 list identifies 400 individual contractor establishments that the OFCCP has selected for compliance audits in the current year. Of these, 376 were selected for traditional “Establishment” reviews, while the remainder were selected for either Functional Affirmative Action Plan reviews or Corporate Management Compliance Evaluations.
In a shift from prior practice, the OFCCP announced that it will start scheduling contractors for audit immediately upon publication of the CSAL. Contractors previously had at least 45 days before receiving a formal audit scheduling letter. This new approach is in line with the OFCCP’s recent directive to enhance and streamline its compliance evaluation and enforcement procedures for government contractors. Accordingly, contractors listed on the CSAL can expect to receive an OFCCP scheduling letter sooner rather than later.
For Establishment audits, the scheduling letter will include a comprehensive list of 22 demands for documents and information related to equal opportunity and affirmative action compliance. This required information includes not only a contractor’s current-year affirmative action plan, but also detailed employee-level compensation data and information regarding a contractor’s hires, applicants, terminations and promotions from the prior calendar year.
After receiving the scheduling letter, a contractor will have 30 days to prepare and submit all requested items to a designated OFCCP compliance officer. The OFCCP will then review the submission and will typically request other supplemental information from the contractor. An OFCCP compliance officer is also authorized to interview contractor officials and, if necessary, schedule an on-site review at the establishment.
Government contractors should review the CSAL to determine whether any of their establishments have been selected for audit. If listed, a contractor should take immediate steps to fulfill all aspects of their annual affirmative action obligations and prepare for the pending OFCCP audit. Even if not listed on the CSAL, a contractor should still ensure that their annual written affirmative action plans are completed by June 30, 2022, so they can meet the deadline for certifying affirmative compliance through the OFCCP’s new Contractor Portal.
FOR MORE INFORMATION
For more information, please contact:
Matthew R. Kissling
216.566.5586
Matthew.Kissling@ThompsonHine.com
or any other member of our Labor & Employment group.
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