OFCCP Audit Punch List

Given the recent wave of OFCCP courtesy and scheduling letters, we thought that a blog on early preparations in the OFCCP audit process would be of interest. Recall that all federal contractors and subcontractors in receipt of a supply and service scheduling letter are required to submit an initial desk audit package to the OFCCP compliance officer. Initial submission items to prepare include an affirmative action plan and support data per the Scheduling Letter itemized listing.

However, being prepared for an audit goes beyond the itemized listing in an OFCCP scheduling letter. What follows is a punch list of the additional items contractors can organize to be more fully audit ready. This punch list was created based on federal requirements, as well as frequently requested supporting materials during compliance evaluations. Note that supplemental material may vary by region and compliance officer.

• VETS-100A report (most recent copy)
• Documentation of outreach/recruitment efforts for qualified Individuals with Disabilities and covered Veterans
• Documentation of state/local employment job postings
• Documentation of good faith efforts addressing underutilized job groups
• Company handbook (e.g., inclusive of company policies on promotions/ terminations)
• Current job descriptions
• Blank application form
• Invitation for applicants to self-identify their race/ethnicity and gender; indicate at which step of selection process they are invited to self-identify
• Invitation for applicants to self-identify their Disability and Veteran status; indicate at which step of hiring process they are invited to self-identify
• Number of individuals who self-identified as having a disability and accommodations provided
• List of jobs with medical restrictions and how restrictions are related to essential job functions
• Statement identifying positions requiring a pre-employment/promotional physical examination and how it relates to successful performance
• Accessibility of online application systems
• Section of purchase order/sub-contract with EEO Clause reference
• Verification that required notices are posted in common areas for employees to view
• Additional compensation data for employees in workforce
• Detailed explanation of pay differences between individuals

As a reminder, record-keeping obligations extend past the two year requirement for establishments with an active compliance review. Be sure to communicate this additional record-keeping obligation to personnel involved in maintaining records. We hope that this punch list is helpful, and suggest that if this list is in order, federal contractors would be prepared for just about any path that an OFCCP audit takes.

by Jana Garman and Marcelle Clavette, DCI Consulting Group