As of July 1, 2016 OFCCP began using the OMB-approved updated scheduling letter, compliance check letter and itemized listing request.
The Office of Management and Budget (OMB) approved the Office of Federal Contractor Compliance Programs' (OFCCP) updated Compliance Check Letter, Scheduling Letter and Itemized listing for three more years earlier this week. Approval means that expanded obligations put into place by OFCCP over the last few years will remain in effect through June 30, 2019. These changes include:
- The expansion of requested documents and information associated with a compliance review
- The AAP for Protected Veterans, including tracking of recruitment efforts
- The AAP for Individuals with Disabilities, including collection of employee self-reporting on disability status and recruitment efforts
Approved revisions to the Compliance Check Letter update the language in keeping with more recent rulemaking. For example, the list of protected groups now includes sexual orientation in keeping with OFCCP's Final Rule updating sex discrimination guidelines that goes into effect August 15, 2016. Similarly, the prohibition against discrimination by federal contractors now has language on protecting workers who discuss or share pay information per OFCCP's Final Rule on pay transparency that went into effect January 11, 2016. The Compliance Letter also updates the request for the prior year's reporting. Assessments for Protected Veterans and Individuals with Disabilities must be submitted from the previous year along with the previous year's other AAP results.
The Itemized Listing was also revised to provide more specific direction with respect to the organizational display / workforce analysis (item 1), clarification on the request for hiring data (item 14), reporting on the outcomes of good faith efforts (item 17c) and the need to supply both applicant data and hiring data in items 18 (a and b).
Finally, the Scheduling Letter revisions directly address concerns that information provided may be shared with others. This added language is part of what OFCCP states is an effort "to strengthen the agency's assurances of confidentiality for the information provided." According to the letter, in the event of an enforcement action, OFCCP will provide information to the appropriate enforcement agencies within DOL or more broadly the federal government. Equally, OFCCP is required to comply with FOIA and other law regarding confidential information disclosures.
The new documents can be reviewed at OFCCP's website here.
|Meet the author...|
|Patricia M. Sauer - Consultant|
|Patricia M. Sauer is currently a Consultant in ERS Group’s OFCCP Compliance group.She has over 20 years of experience working with federal contractors to prepare affirmative action plans. She also regularly works with contractors on the preparation of data and analyses in response to OFCCP compliance reviews.
|(author's full bio)|