On the eve of the Fourth of July holiday, and just in time for the start of the final quarter of the Agency’s fiscal year, OFCCP announced it had received approval of its revised Scheduling Letter and Itemized Listing.  The revised letter, which, when received by a contractor initiates an Agency compliance review, was initially proposed by the Agency in October 2015 and under review by the Office of Management and Budget (OMB) since April 2016

While not as sweeping as the changes that revamped the letter at the end of 2014 , this version of the letter contains a couple of modifications worth noting.  One of the most significant changes to the letter is the Agency’s statement around confidentiality.  In the previous version of the letter, OFCCP informed recipients that the Agency considered information provided in response to the letter “sensitive and confidential” and any disclosures will be made consistent with the Freedom of Information Act.  In the current version, OFCCP informs contractors that

OFCCP may use the information you provide during a compliance evaluation in an enforcement action. We may also share that information with other enforcement agencies within DOL, as well as with other federal civil rights enforcement agencies with which we have information sharing agreements.

This language is modified slightly from the Agency’s initial proposal which more broadly allowed OFCCP to share information with “other federal government agencies.”

The letter goes on to states that the Agency is “required to comply with the Freedom of Information Act, the Trade Secrets Act, the Privacy Act, and the 1987 Executive Order governing the disclosure of confidential commercial information.”

Additionally, the revised letter clarifies OFCCP’s request with respect to the Veterans Benchmark, requesting

[i]f you are six months or more into your current AAP year on the date you receive this listing, please also submit current year hiring data to measure against your benchmark.

The previous version simply requested “information that reflects current year results.”

The agency has posted FAQs addressing questions involving the renewed letter.

Tags: Freedom of Information Act, Itemized listing, OFCCP, Office of Federal Contract Compliance Programs, Office of Management and Budget, OMB, Scheduling Letter
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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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