OFCCP has instituted a questionnaire that contractors are required to complete successfully during desk audits before the contractor can receive a closure letter. As we reported earlier this year, OFCCP has instituted Active Case Enforcement procedures whereby it conducts a full desk audit in every compliance evaluation and has lowered the threshold for violations that will trigger an onsite review. During these full desk audits, OFCCP is requiring contractors to answer a list of questions pertaining to various compliance issues and provide documentation to substantiate their compliance.The questions and materials requested seem to vary by region, but typical questions and documentation requested include:
- Are applicants and employees invited to identify themselves as individuals with disabilities and covered veterans?
- Is the location and time that the AAP is available for viewing posted?
- Have you listed jobs with the State Employment Service during the review period?
- Has the company offered to reasonably accommodate physical and mental limitations of qualified employees and applicants who are individuals with disabilities or special disabled veterans?
- Do any position descriptions have medical restrictions?
- Does the company require physical examinations of any of its employees?
- Do you flow down EO 11246 and other affirmative action laws to your subcontractors?
- Provide a copy of the company’s employee handbook.
- Provide copies of VETS-100/VETS-100A reports for the last two years.
- Provide copies of the company’s employment application.
A sample of a full questionnaire is attached. Contractors should start reviewing their compliance with these areas now, so they are fully prepared to provide OFCCP with this information during audits.