The OFCCP Week in Review (WIR) is a simple, fast and direct summary of relevant happenings in the OFCCP regulatory environment, authored by experts John C. Fox, Candee Chambers and Jennifer Polcer. In today’s edition, they discuss:
- Corporate Scheduling Announcement Letters (CSALs) sent
- EEO-1 webinar announced
- Congress reached a budget deal
Corporate Scheduling Announcement Letters Sent
| Tuesday, February 6, 2018 | |
| The Office of Federal Contract Compliance Programs (OFCCP) revised its website to include an update on Corporate Scheduling Announcement Letters (CSAL) for Supply and Service contractors (not construction; not FAAPs). According to the update, OFCCP has compiled a new audit scheduling list for FY2018 using a neutral scheduling process. OFCCP mailed 1,000 CSAL letters to contractor establishments on February 1, 2018. OFCCP will begin mailing actual audit scheduling letters on a rolling basis beginning on March 19, 2018. Letters will continue to be sent until at least September 30, 2018, or longer if OFCCP decides to exhaust this new audit scheduling list regardless of whether it finishes during this Fiscal Year 2018 (as has been OFCCP’s habit since November 2014).
OFCCP sent the announcement Letters to the Human Resources Director (or designated point of contact) of each establishment on the scheduling list. Corporations may confirm whether OFCCP mailed an establishment a CSAL by emailing a written request on company letterhead to the Division of Program Operations at OFCCP-DPO-Scheduling@dol.gov. No legal requirement limits the number of establishments per contractor that OFCCP may schedule a Compliance Evaluation. However, the OFCCP has exercised its investigative discretion to place caps or limits on the number of establishments per contractor that it will schedule for review. OFCCP reportedly based its decision to set caps or limits on factors including agency resources and local office workload. For this upcoming audit scheduling list, OFCCP:
OFCCP’s Rules require contractors to submit their Affirmative Action Programs (AAPs) for Executive Order 11246 (for minorities and women), for Section 503 of the Rehabilitation Act of 1973 (for individuals with a disability) and for 38 USC 4212 (VEVRAA) (for “Protected Veterans”) for the establishment under audit within thirty (calendar) days of the date the contractor receives the audit scheduling letters. You may find additional FAQ’s here. |
EEO-1 Webinar Announced
| Friday, February 9, 2018 | |
The National Industry Liaison Group announced it will be hosting a webinar about the EEO-1 report. The webinar, “The EEO-1 Filing in 2018 – What You Need to Know,” will be on February 22, 2018, at 2:00 PM EST. Ms. Benita Marsh of the EEOC will go over various areas and issues of the EEO-1 report, including discussing the:
Registration is open at https://attendee.gotowebinar.com/register/2616176156612611330. After registering, you will receive a confirmation email containing information about joining the webinar. For additional information surrounding the EEO-1 Report, please see the OFCCP Week In Review: January 22, 2018. |
Congress Reached a Budget Deal
| Friday, February 9, 2018 | |
| President Trump signed a $1.3 Trillion budget deal, hours after the House passed it in a pre-dawn vote, reopening the federal government after it was partially shut down for the second time in less than a month. The House voted 240-186, with 73 Democrats and 167 Republicans voting in favor. The hours-long, middle-of-the-night shutdown was the shortest since the 1970s, according to the Congressional Research Service. Their research titled “Federal Funding Gaps: A Brief Overview” can be read here.
The USDOL and USDOL sub-agency budgets, including OFCCP’s FY2018 budget, are not yet known. While the Congress and the President have agreed on the budget number of $1.3 trillion, they passed the budget as part of a Continuing Resolution funding the federal agencies through March 23, 2018. The Continuing Resolution is to allow time for the House and Senate Appropriations Committees to pass an Omnibus spending bill detailing how the federal government will spend that 1.3 trillion-dollar budget exactly. Note: A Continuing Resolution funds, for an interim period, the federal agencies at their FY 2017 level of funding until the Congress agrees upon a line-item budget for each agency and sends it to the President for signature or veto. Stay tuned. The White House will unveil its long-awaited infrastructure plan on Monday, fulfilling a signature campaign promise of President Donald Trump. The proposal includes $200 billion in federal infrastructure spending over a decade, which would be paid for through cuts elsewhere in the budget. |
THIS COLUMN IS MEANT TO ASSIST IN A GENERAL UNDERSTANDING OF THE CURRENT LAW AND PRACTICE RELATING TO OFCCP. IT IS NOT TO BE REGARDED AS LEGAL ADVICE. COMPANIES OR INDIVIDUALS WITH PARTICULAR QUESTIONS SHOULD SEEK ADVICE OF COUNSEL.
Reminder: If you have specific OFCCP compliance questions and/or concerns or wish to offer suggestions about future topics for the OFCCP Week In Review, please contact your membership representative at (866) 268-6206 (for DirectEmployers Association Members), or email Jennifer at jpolcer@directemployers.org with your ideas.
