Happy New Year!

As we ring in 2017 and prepare for affirmative action and OFCCP compliance in a Trump administration, many contractors are wondering whether 2017 will bring an OFCCP audit their way.

Some may remember in years past around this time OFCCP would send out Courtesy Scheduling Announcement Letters (CSALs) providing advance notification to contractors of upcoming audits.  The list of contractors with establishments to be audited is generated every fiscal year out of the Agency’s national office in Washington D.C. based on an administratively neutral selection criteria.  Previously, after the list was generated, OFCCP would voluntarily issue CSALs to notify contractors that one or more of their facilities had been selected to be audited at some point during the agency’s fiscal year (October 1 – September 31).    Its actually been quite some time, however, since OFCCP provided employers with this advance notice with the last round going out in 2014.

In the past, not all CSALs resulted in an actual audit but, it was a good indication that a facility would be audited at some point.  In fact, since the 2014 CSALs, OFCCP has continued to conduct audits of those identified in the 2014 CSALs, long after the conclusion of the 2014-15 fiscal year.  The list however, was not dispositive as recent years have seen OFCCP conduct audits for which it issued no CSAL. 

We do not know whether OFCCP will again choose to issue CSALs in the future, possibly once a new Director is in place, but in response to our inquiry on the topic to the National Office, it appears, for the time being, the Agency will maintain the status quo and not issue CSALs.

As a result, as contractors prepare to turn over their calendar year affirmative action plans, as well as those who have recently updated or will be soon updating their AAP, its imperative to ensure you are prepared for an OFCCP audit, including the compensation elements of Item 19 and the veterans and individuals with disability requirements set forth in the 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.