The new Director of the Office of Federal Contract Compliance Programs (OFCCP) seeks to increase the number of audits conducted by OFCCP, but shorten the duration of them. Therefore, in fiscal year 2019, OFCCP will begin conduct “focused” reviews. The focused reviews will focus on a contractor’s compliance with one of the bodies of law that OFCCP enforces:
- Executive Order 11246 (focusing on race and gender);
- VEVRAA (focusing on protected veterans); or
- Section 503 of the Rehabilitation Act (focusing on individuals with disabilities).
These focused reviews will likely include both a desk audit portion and an onsite audit (including interviews with managers), limited to the specific area of the law that the focused review is scrutinizing. Contractors will be selected for focused reviews using the same neutral selection process used for standard compliance reviews. OFCCP is not discontinuing its standard compliance reviews, but is adding focused reviews as additional forms of review conducted by OFCCP.
OFCCP’s new Director appears focused on enforcing the law pertaining to individuals with disabilities. OFCCP has expanded its resources on its website for contractors as to individuals with disabilities and has provided additional information pertaining to focused reviews focused on individuals with disabilities.
- OFCCP has posted FAQs. The FAQs note that OFCCP will require contractors undergoing a focused review as to individuals with disabilities to provide both their Section 503 affirmative action plan and their Executive Order 11246 affirmative action plan – even though the latter will not be reviewed to assess compliance with Executive Order 11246. The FAQs also note that the focused reviews will initially be conducted at the contractor’s corporate headquarters, but OFCCP will evaluate whether to expand to other establishments in the future.
- OFCCP has likewise posted the current 12-part Scheduling Letter for a focused review as to individuals with disabilities. Notably, compensation data is not requested.
- OFCCP has also posted its recommended practices for creating an inclusive workplace for individuals with disabilities and has provided links to some resources that may be useful in locating disabled candidates and better addressing workplace issues relevant to individuals with disabilities. It is wise for contractors to consider adopting some of these practices, which OFCCP has indicated it recommends.