Two Department of Labor Agencies Announce Recent Developments: EEOC and OFCCP

25 February 2019 Labor & Employment Law Perspectives Blog
Authors: Daniel A. Kaplan

OFCCP Audit Scheduling Letters Available Online – On Friday, February 22, 2019, the Office of Federal Contract Compliance Programs (OFCCP) announced that it is on schedule to post its next set of Corporate Scheduling Announcement Lists (CSALs) in the department’s FOIA Library next month (around mid- to late-March). As a reminder to our readers who are federal contractors or subcontractors, the OFCCP announced late last year that it will no longer mail CSALs to those that it intends to audit in the next review cycle; rather, contractors and subcontractors should regularly review the CSAL lists in the FOIA Library to determine if their location is scheduled for a desk or other compliance audit.

In addition, consistent with the OFCCP’s announced goal of imposing a less significant burden on contractors subject to audit, the agency has now released and started using its Focus Audit Scheduling Letter, which contains twelve (12) requests of specific types of information, as compared to the Formal Scheduling Letter and Itemized Listing, which contains twenty-two (22) separate items of information. The Focus Audit is a truncated review aimed at confirming compliance with the AAP requirements under Section 503 (Individuals with Disabilities) and VEVRAA (Protected Veterans).

Finally, also consistent with OFCCP’s desire to work more cooperatively with contractors, it has implemented its new policy of permitting limited 30-day extensions for the submission of the supporting data sought with the Focus or Formal Scheduling Letter audit. The extension will normally be granted as a matter of course “provided that: 1) the contractor requests the extension prior to the initial 30‐day due date for the AAPs and 2) the contractor timely submits the basic EO 11246, Section 503 and VEVRAA AAPs within the initial 30‐day period after receiving the Scheduling Letter and Itemized Listing.”

EEOC Enters 21st Century — On Thursday, February 21, 2019, the Equal Employment Opportunity Commission (EEOC) took a step into the 21st Century when it announced a proposed rule implementing procedural changes to allow participants in EEOC investigations to submit all materials in a fully digital platform. According to the EEOC, “[t]he proposed rule changes recognize the increasing reliance on digital technology by the EEOC and its stakeholders.” The EEOC also noted that the digital platform will make the “EEOC more accessible and transparent to the public.” The Notice of Proposed Rule Making was published in the Federal Register on Friday, February 22, 2019. Anyone who wishes to comment on the proposed rule will now have 60 days to submit such comments via the following web site: http://www.regulations.gov/.

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