OFCCP Removes Focused Reviews and Compliance Checks from Supply and Service Scheduling List

Morgan Lewis
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Morgan Lewis

The Office of Federal Contract Compliance Programs announced on March 2 that it has amended its 2020 Supply and Service Scheduling List by removing all establishments selected to receive focused reviews and compliance checks. Establishment-based compliance reviews, Corporate Management Compliance Evaluation reviews, Functional Affirmative Action Program reviews, and university compliance reviews will still proceed.

The Office of Federal Contract Compliance Programs (OFCCP) publishes a Corporate Scheduling Announcement List (CSAL) as a courtesy notification to federal contractors whose establishments have been selected to undergo an OFCCP review. The purpose of the CSAL is to provide the contractor establishment’s internal equal opportunity employment (EEO) staff at least 45 days’ advance notice to prepare for the compliance review; and to encourage contractors to take advantage of OFCCP compliance assistance offerings. OFCCP published the 2020 CSAL on September 11, 2020. This list was composed of 2,250 evaluations: 500 compliance reviews, 500 accommodation-focused reviews; 500 promotions-focused reviews, 250 Section 503–focused reviews, and 500 compliance checks.

OFCCP explained that it removed the focused reviews and compliance checks to allow the agency to more thoroughly evaluate contractors through the strategic allocation of limited agency resources. OFCCP also stated that it would draw on lessons learned through its focused review program to strengthen the enforcement of its laws protecting people with disabilities and veterans during comprehensive compliance evaluations. OFCCP plans to proceed with the scheduling of compliance checks on the Construction FY 2020, Release – 1 list.

RECOMMENDATIONS FOR FEDERAL CONTRACTORS

Federal contractors with establishments listed for a focused review or compliance check on the 2020 CSAL should review the amended list to confirm that they are no longer scheduled for these reviews. The removal of these reviews has no impact on open reviews from prior lists—unscheduled cases and open cases from prior lists will proceed as usual.

Contractors should note that if an establishment was removed from the list, it could be included on future scheduling lists. Finally, if a contractor believes a facility should not be selected for review, it can send an email to the OFCCP Scheduling Mailbox at ofccp-dpo-scheduling@dol.gov, but should consult with counsel before doing so.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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