The Office of Federal Contract Compliance Programs (OFCCP) has selected 500 federal contractors and subcontractors to undergo affirmative action plan (AAP) audits. The names of the companies are contained in OFCCP’s Corporate Scheduling Announcement List (CSAL), which was released June 7, 2024. Contractors should check the CSAL immediately to see if they are on it.
The OFCCP ensures that employers contracting with the federal government comply with three equal employment opportunity (EEO) laws: Executive Order 11246; Section 503 of the Rehabilitation Act of 1973; and Vietnam Era Veterans Readjustment Assistance Act of 1974 (VEVRAA). You can view the list here. It contains the name and address of each contractor the OFCCP will be evaluating and specifies the type of audit the OFCCP will be conducting.
Contractors selected for this FY2024 CSAL may be subjected to one of the following audits:
- Corporate Management Compliance Evaluation (CMCE)
Covers the full scope of a contractor’s compliance with all three of OFCCP’s laws (Executive Order No. 11246, Section 503 and VEVRAA).
- Establishment Review
Considered to be CMCEs at the establishment level. Establishment reviews also include reviews of reviews for financial institutions, universities and colleges.
- Functional Affirmative Action Program (FAAP) Review
Applies to contractors who have a FAAP agreement with the OFCCP.
Contractors on the CSAL will receive a scheduling letter from the OFCCP initiating the review. Upon receiving the OFCCP’s scheduling letter, the contractor has 30 days to produce its AAP and respond to the accompanying itemized listing that seeks substantial supporting data.
If a contractor is on the CSAL, they should make sure that they are complying with their EEO and AAP obligations and be prepared for review. If a contractor is on the list but believes they should not be, they should send an email to the OFCCP Scheduling Mailbox at ofccp-dpo-scheduling@dol.gov.
If a contractor is not sure what their legal obligations are, they should seek guidance from experienced counsel, as complying with these obligations is not merely a paper exercise and can be quite onerous. Consulting with experienced counsel can help contractors facing an OFCCP audit notice mitigate risk and ensure that their affirmative action plans are compliant.
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