Last August we reported on OFCCP’s announcement  (DIR 2018-04) that starting in 2019 it would be conducting truncated “Focused Reviews” that centered on compliance with AAP requirements under Section 503 (Individuals with Disabilities) and VEVRAA (Veterans).

If everything goes according to OFCCP’s plan, the next round of CSALs will include notices for these more limited Focused Reviews under Section 503.  In total, OFCCP expects to conduct 500 focused reviews in FY2019.  While Director Leen had previously indicated the CSAL list would be released in February, we’ve learned he now believes it will likely not be released until further into the Spring.

In preparation for this, OFCCP requested approval for a “Non-material change request” for a Scheduling Letter for Focused Reviews (OMB form 1250-0003). OMB approved the new form in late November.

Takeaways:

  • The revised Scheduling Letter contains no additional formal requirements for contractors to complete. The Focused Review Scheduling Letter is simply a pared down version of the standard OFCCP Scheduling Letter
  •  The revised Scheduling Letter approved by OMB only includes requests for Section 503 data with the notable exception of requesting a copy of the contractor’s Executive Order 11246 affirmative action plan (not including itemized listing data) as well as 3 years of EEO-1 reports. 
    • It is not clear how these two specific items will further OFCCP’s review of a contractors compliance with the disability regulations as they pertain to, and contain only, race and gender information.
  • The Focused Review Scheduling Letter is set to expire on 6/30/2019.  This is likely because the standard OFCCP Scheduling Letter must be renewed/reviewed at the same time as part of the regular 3-year process.
  •  According to the Agency’s request to OMB, “OFCCP will not conduct a greater number of compliance evaluations as a result of the implementation of the focused reviews as they will not be conducted in addition to, but in lieu of, compliance reviews in a number of instances.”

Overall, this comes as good news for contractors who are trying to proactively prepare for a potential focused review.  Though our advice is not to lose focus and to continue to evaluate your compliance.

Tags: Corporate Scheduling Announcement Letters, CSALs, Director Craig Leen, Focused Reviews, OFCCP, OFCCP Scheduling Letter, Office of Federal Contract Compliance Programs, Section 503 of the Rehabilitation Act of 1973
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Photo of Laura A. Mitchell Laura A. Mitchell

Laura Mitchell is a principal in the Denver office of Jackson Lewis P.C. and leads the firm’s Workplace Analytics and Preventive Strategies Pay Equity subgroup. She partners with employers to evaluate, develop and implement policies and practices that ensure workplace fairness while mitigating…

Laura Mitchell is a principal in the Denver office of Jackson Lewis P.C. and leads the firm’s Workplace Analytics and Preventive Strategies Pay Equity subgroup. She partners with employers to evaluate, develop and implement policies and practices that ensure workplace fairness while mitigating legal risk. Laura is a guiding force in the firm’s most specialized and technical practice areas where she leverages an analytics-focused approach to partner with her clients in building legally compliant programs around which they can anchor their workplaces achieving productivity and stability.

Laura understands that creating a competitive advantage for employers in today’s workplace involves using a data-driven approach to counsel companies on the development of proactive and equitable non-discriminatory practices in hiring, promotions, separations and pay—and where advancements in technology can create both opportunities for efficiencies and risk that can be measured. Committed to putting her clients’ organizational goals first and foremost while balancing legal risk, Laura views herself as an extension of her clients’ team, responsible for providing proactive guidance and engaging in transparent, ongoing communication. Staying the course with employers across their organizational journey while balancing legal compliance obligations throughout their employees’ lifecycle ensures Laura’s position as a go-to resource.

Laura works with companies across all industries—both new and well-established multi-national organizations of all sizes—to realize the combined vision of legal compliance, increased productivity and economic growth enhanced by a focus on pay equity.  As part of the pay equity journey, she advises employers on the evolving pay transparency landscape, working to align compliant practices with the practical realities of the business world.

Laura partners closely with government contractors to understand, implement and demonstrate compliance with their EEO regulatory and compliance obligations. She also works closely with non-government contractor clients to conduct risk assessments of their programs, policies, and training to align with federal and state anti-discrimination requirements.

Laura is the editor and a principal contributor of the GovCon Employment Exchange blog and presents on pay equity and government contractor obligations. To round out her days, Laura enjoys spending time with her family and friends attending sports events, working out, riding her bike, playing pickleball and taking in Colorado’s incomparable sunsets.

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