In the Directive released late last week, OFCCP announced its plan to start scheduling focused reviews starting in Fiscal Year 2019.  OFCCP’s fiscal year begins October 1.

Directive 2018-04 directs OFCCP staff to “work towards ensuring that a portion of future scheduling lists, starting with Fiscal Year 2019, include focused reviews as to each of the three authorities that OFCCP enforces,” with the three authorities being Executive Order 11246, VEVRAA and Section 503 of the Rehabilitation Act.

Focused reviews are one of several types of investigative procedures OFCCP is authorized by regulation to conduct.  The types of investigations include:

  • Compliance Reviews which are comprised of a desk audit, an on-site, and, off-site review of records;
  • Off-site Review;
  • Compliance Check; and
  • Focused Reviews

While the Directive provides some details around OFCCP’s anticipated expectations for the focused reviews – including mandatory onsite visits – the Directive does not set out exactly what contractors can expect if selected for a focus review.  Instead, the document directs OFCCP staff “to develop a standard protocol for conducting focused reviews.”  In furtherance of its commitments to transparency and certainty, OFCCP staff is directed to “make this information available publicly in its FAQs prior to the next scheduling list being issued” as well as to develop training for staff and contractors as to the focused reviews.

Interestingly, as part of the Directive’s description of an example Section 503 focused review, it states

OFCCP would also seek to evaluate hiring and compensation data

in addition to its evaluation of accommodation practices to ensure individuals with disabilities are not being discriminated against in employment.  The Directive notes similar approaches will be used to evaluate compliance with VEVRAA and Executive Order 11246.

As a reminder, Directives provide guidance to OFCCP staff and contractors on enforcement and compliance policies or procedures.  As the directives themselves acknowledge “[d]irectives do not change the laws and regulations governing OFCCP’s programs and do not establish any legally enforceable rights or obligations.

We are eager to learn more about what data OFCCP intends to review and how it intends to analyze the information and look forward to understanding the Agency’s protocols for these reviews.

We will be sure to provide more detail and insights as they become available.

Tags: Acting Director Craig Leen, Directive 2018-04, Executive Order 11246, focused review, OFCCP, Office of Federal Contract Compliace Programs, Section 503 of the Rehabilitation Act of 1973, VEVRAA
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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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