[author: Christopher T. Cognato, Constantinos G. Panagopoulos]

The Office of Federal Contract Compliance Programs (OFCCP), the Department of Labor (DOL) agency charged with enforcing affirmative action and equal employment opportunity requirements imposed on certain federal contractors and subcontractors, has commenced sending some contractors notice letters of future supply and service compliance evaluations. Labeled “courtesy” notices, these letters are different from Corporate Scheduling Announcement Letters (CSALs), which the OFCCP has used in the past to contact a corporate compliance contact of the contractor when establishments run by the contractor are selected for a compliance evaluation.

The courtesy letters provide notice of a future audit and are being sent to individual establishments – not corporate compliance contacts. Further, these letters may reach some, but not all, of a particular contractor or subcontractor’s establishments. Therefore, it is important that any entities susceptible to OFCCP audits alert all Human Resources personnel, at both corporate headquarters and at separate establishments, to the possibility that they may receive these letters.

It is unclear why the OFCCP has adopted this new approach. Corporate compliance contacts may still receive CSALs. Therefore, all federal contractors and subcontractors should consider their compliance with federal affirmative action and equal employment opportunity requirements and remain on the lookout for notice – in the form of a either a courtesy letter or CSALs – of the possibility of upcoming audits.

Ballard Spahr attorneys regularly advise on affirmative action compliance and responding to OFCCP audits. If you have questions about this development or its implications, please contact Constantinos G. Panagopoulos at 202-661-2202 or CGP@ballardspahr.com, Christopher T. Cognato at 215.864.8612 or cognatoc@ballardspahr.com, or the member of the Labor and Employment Group with whom you work.