It’s here! OFCCP has finally released the long-awaited latest Courtesy Scheduling Announcement List. As a reminder this is the list of contractors and their establishments that have been selected for upcoming audit by the Agency. This is the second CSAL issued under the leadership of OFCCP Director Jenny Yang.

Per OFCCP, the list comprises 500 contractors and subcontractors that

“OFCCP selected that are required to maintain an Affirmative Action Program (AAP) but did not complete their mandatory annual certification in the OFCCP Contractor Portal as of December 1, 2022”

OFCCP explains in its published its selection methodology that it generated the list

“by downloading federal contracts valued at $50,000 or more from the USAspending database it removed contracts awarded to federal, state, local, municipal, tribal, city, and
foreign governments, school districts, universities and colleges, and construction companies as well as healthcare contracts that fall under OFCCP’s Final Rule: Affirmative Action and Nondiscrimination Obligations of Federal Contractors and Subcontractors: TRICARE Providers, 85 FR 39834 (July 2, 2020). Contract records expiring on or before March 31, 2023, were also removed.”

Per the methodology, OFCCP considered contractor and subcontractor establishments with at least 200 employees as reported in contractors’ 2020 EEO‐1 filings, up from the 50 employee threshold used in the prior list

As a reminder, OFCCP’s Directive 2022-02: Effective Compliance Evaluations and Enforcement will govern OFCP’s administration of this CSAL and the audits initiated from it. This means OFCCP can start initiating audits from the list immediately. Generally, OFCCP District Offices schedule audits as they have capacity to handle them and as the audits from the previous CSAL have been exhausted. As a result, scheduling from this latest list will vary.

Given this, in connection with the fact that OFCCP has rolled back the automatic 30-day extensions of the data submission (after timely submission of the AAP), identified contractors should use the advance notice to ensure that their AAP compliance efforts are in order. OFCCP will now grant deadline extensions only in  “extraordinary circumstances.”

We are reviewing the list and methodology and will provide any additional updates or insights as we have them.

Tags: Courtesy Scheduling Announcement Letters, CSALs, Directive 2022-02, Effective Compliance Evaluations and Enforcement, OFCCP, OFCCP audit, OFCCP Contractor Portal, Office of Federal Contract Compliance Programs
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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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