Reed Smith Client Alerts

The Department of Labor’s (DOL) Office of Federal Contract Compliance Programs (OFCCP) recently published its lists of supply, service and construction contractors that OFCCP intends to audit for compliance with mandatory record keeping requirements, affirmative action program advertising, and accommodation requirements under Executive Order 11246, section 503 of the Rehabilitation Act, and the Vietnam Era Veterans' Readjustment Assistance Act (VEVRAA). Other types of audits identified by OFCCP include, but are not limited to, establishment reviews and various focused reviews. Federal contractors identified on the OFCCP’s lists for audits of any type are encouraged to begin the steps required to ensure a successful OFCCP audit result.

Auteurs: Holly A. Roth William T. Kirkwood

Summary

OFCCP recently published its Corporate Scheduling Announcement Lists (CSALs) of supply and service contractors and construction contractors1 that OFCCP intends to audit for compliance with Executive Order 11246, section 503 of the Rehabilitation Act, and the Vietnam Era Veterans' Readjustment Assistance Act (collectively, the Affirmative Action Laws). OFCCP explains that the CSAL lists are a courtesy notification of impending compliance evaluations that may include reviews such as compliance checks, compliance or establishment reviews, reviews of corporate management compliance and functional affirmative action programs, as well as focused reviews on section 503 compliance, VEVRAA, accommodations, and/or promotions. The CSAL lists are available on the OFCCP website, and identify the type of audit that may be conducted. OFCCP has advised, however, that the lists are issued on a discretionary basis and may not identify all establishments that may be notified of an impending audit.

As most knowledgeable federal contractors are aware, OFCCP notifies federal contractors when their establishments have been selected for an audit to determine each establishment’s compliance with the Affirmative Action Laws. Such compliance evaluations are intended to measure whether the federal contractor’s identified establishments have complied with the Affirmative Action Laws and regulations promulgated thereunder and whether the specific federal contractor establishment has achieved results from the Affirmative Action Program that such establishments have instituted in accordance with the Affirmative Action Laws and regulations.