By: Amanda Bowman
The Institute for Workplace Equality (The Institute) Annual Summit opened with a Fireside chat between OFCCP Director Jenny Yang and DCI Consulting’s David Cohen. A lot of great information was shared, including an update on the next Corporate Scheduling Announcement List (CSAL).
The next CSAL has been highly anticipated. Director Yang confirmed that it will be released this month but did not share a specific date. The list will include 400 establishment or functional plans and will include both prime contractors and subcontractors.
Director Yang shared that the methodology for developing this scheduling list was revamped this year. The agency incorporated use of EEO-1 data to prioritize certain geographic areas and industries where there were meaningful patterns. Additionally, the agency prioritized those companies that had been hiring and tried to avoid those companies that were downsizing or experiencing layoffs. Once the CSAL is released, OFCCP will be posting its scheduling methodology, as well as the list of companies to be audited, to the FOIA Reading Room. This is the approach OFCCP has taken for the last several years and we are encouraged to see that this process will continue.
Director Yang also shared that OFCCP has revisited the way in which the audits will be assigned to OFCCP offices. For the upcoming CSAL, contractors with multiple audits will have all audits assigned to and managed by a single OFCCP region. In the past, audits were largely managed by the OFCCP District office that was local to the establishment. OFCCP’s change in practice is an attempt by the agency to increase efficiencies in active audits. This practice had been announced as part of Directive 2022-02.
Focus on Leveraging Technology
During the Fireside chat, Director Yang also emphasized that the agency is focused on leveraging technology to improve efficiencies. The agency is currently working to strengthen their case management system. Contractors under review will be able to directly upload audit materials to the new Contractor Portal. The agency is also using technology to improve their methodology for developing CSALs and audit assignments.
Director Yang also announced that a new portal will be released in August for Construction contractors and awarding agencies. This will be separate from the OFCCP Contractor Portal that opened in February, which is focused on Supply and Service contractors. The construction portal will be collecting information regarding awarded contracts and will provide a place for prime contractors to identify their subcontractors. While information on construction subcontractors is already being collected, the portal will streamline this effort.
Director Yang provided some additional updates and information on OFCCP priorities, which included the following.
- The agency will be working to increase their own workforce and anticipates adding 100 new staff members.
- OFCCP leadership is prioritizing training for the compliance officers. There will be a focus on developing the strength and capacity of investigatory skills.
- There will be a focus on identifying the subcontractor universe. OFCCP is aware that the agency has a huge gap in this regard.
- OFCCP and EEOC are focused on increasing collaboration. There has been greater communication between the two agencies at the national level.
- OFCCP is working to bring in the Solicitor of Labor (SoL) earlier in audits. OFCCP will work with the SoL to find cases that have greater strategic impact.
- OFCCP continues to be interested in early resolution with contractors.
- Directive 2022-02 rescinded the CERT principles that were established by former Director Leen. (CERT stood for certainty, efficiency, recognition, and transparency.) While the agency attends to replace these principles with new objectives, transparency and efficiency continue to be important to OFCCP.