In line with the current objective of transparency, OFCCP has publicly shared with federal contractors the scheduling methodology for identifying establishments to audit, parameters for requesting an extension to submit materials for a desk audit review, and awareness into the number and type of reviews listed in the recent CSAL list. Specifically, OFCCP stated that the September 2018 release of CSALs impacted 445 companies, with 69 CMCEs and 66 FAAP functional units. An important note provided by OFCCP is that the current release did not include any universities.
In working with federal contractors, DCI has identified some instances in which establishments were mistakenly listed and sent a scheduling letter. For example, establishments were listed when a contractor has an approved functional agreement. Additionally, there have been times when a location received a courtesy letter and scheduling letter that was audited within the past 5 years. According to OFCCP, “no establishment that received a CSAL, concluded a review, or concluded progress report monitoring resulting from a conciliation agreement or consent decree, within the last five years, is included on this supplement.”
In the instances where this occurred, OFCCP honored an administrative closure when there was proof of an approved functional agreement or closure letter. This is positive news for the contractor community because OFCCP is willing to discuss the possibility of an erroneous scheduling. Although mistakes are not the norm, there are some steps that the contractor can do to help mitigate the discussion. For instance, keep a log of past and current audits to reference, stay up with annual communications and periodic changes that occur to the functional structure, as well as have a conversation with OFCCP should you receive a university audit. There could be a legitimate reason for a university audit to initiate (e.g., listed in earlier CSAL release or complaint), but it is worth it to ask given awareness of university exclusion from the recent distribution of letters.
By Keli Wilson, M.A., Senior Manager of EEO Compliance, Diversity and Inclusion & Principal Consultant at DCI Consulting Group