Have You Been Selected for an Audit?

Have You Been Selected for an Audit?

By: Mary Kathryn Curry and Erin Schilling

A second wave of the Corporate Scheduling Announcement Letters (CSALs) were released to 750 more contractors.  As we previously reported, 1,000 CSALs were mailed in February, with scheduling letters that followed on March 19, 2018.

CSALs do not initiate an audit – only a scheduling letter can do that. However, a CSAL notifies a contractor that their establishment is on the scheduling letter list giving the contractor extra time to get their Affirmative Action Program (AAP) ready for submission

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The OFCCP's FAAP Program Is Poised for Additional Changes

The OFCCP's FAAP Program Is Poised for Additional Changes

By: Connie Bertram

For traditional AAP programs, federal contractors and subcontractors are required to develop, implement and self-audit affirmative action programs for every establishment with 50 or more employees. Traditional AAPs contemplate that the employees in that establishment (and reporting into it from other locations) will be in a hierarchical structure centered on a single set of products or services (e.g., manufacturing, consulting services, retail operations). 

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OFCCP Issues Long-Awaited Guidance Concerning Compensation Audits

OFCCP Issues Long-Awaited Guidance Concerning Compensation Audits

By: Connie Betram

On August 24, 2018, OFCCP released its long-awaited Directive outlining the standard procedures OFCCP will use during the course of compensation audits of federal government contractors. Concerned that it failed to provide clear guidance to contractors, the Directive rescinds and updates Directive 307, OFCCP's most recent guidance concerning compensation audits.

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The Franken Amendment Has Lost Much Of Its Anticipated "Bite" Against Mandatory Arbitration of Sexual Harassment Claims

The Franken Amendment Has Lost Much Of Its Anticipated "Bite" Against Mandatory Arbitration of Sexual Harassment Claims

By: Connie Bertram

In an effort to address the issues raised by the #MeToo movement, Congress and state and local lawmakers have introduced a series of laws aimed at eliminating sexual harassment and abuse in the workplace.  By mid-2018, over 125 bills had been introduced to address the challenges raised by workplace harassment.  Many of these statutes and proposed laws have prohibited or limited the use of mandatory arbitration agreements for the resolution of sexual harassment and abuse claims. 

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OFCCP Issues Directive Summarizing – But Not Providing Clear Standards – For The Protection of Religious Exercise

OFCCP Issues Directive Summarizing – But Not Providing Clear Standards – For The Protection of Religious Exercise

By: Connie N. Bertram

On August 10, 2018, OFCCP Acting Director Craig Leen issued Directive 2018-03 in an effort to harmonize OFCCP’s standards with “recent developments in the law regarding religion-exercising organizations and individuals." Directive provides a summary of OFCCP's regulations, Executive Orders and court decisions addressing the standards that apply to religious organizations and claims of discrimination based on religious affiliation, noting the "duty to protect religious exercise – and not to impede it.

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To Respond To Contractor Concerns About The Timeliness And Transparency of Compensation Audits, OFCCP Issues “What Contractors Can Expect”

To Respond To Contractor Concerns About The Timeliness And Transparency of Compensation Audits, OFCCP Issues “What Contractors Can Expect”

By: Connie N. Bertram

On August 2, 2018, OFCCP issued a publication called "What Contractors Can Expect ." The document provides "the general expectations that often guide interactions between federal contractors and OFCCP." The publication was designed to address concerns of the contractor community concerning the lack of transparency and consistent standards and to improve OFCCP’s relationship with contractors and others regulated by OFCCP.

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OFCCP Adopts an “Ombud” Program to Facilitate The Resolution of Concerns of Federal Government Contractors and Other Internal and External Stakeholders

OFCCP Adopts an “Ombud” Program to Facilitate The Resolution of Concerns of Federal Government Contractors and Other Internal and External Stakeholders

By: Connie N. Bertram

On September 19, 2018, the OFCCP issued the most recent in a series of Directives designed to facilitate contractors’ efforts to self-audit and understand their compliance obligations and increase the transparency and accessibility of the enforcement efforts of OFFCP.

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In An Effort to Increase Efficiency And Transparency In The Compliance Audit Process, OFCCP Issues Directive 2018-09

In An Effort to Increase Efficiency And Transparency In The Compliance Audit Process, OFCCP Issues Directive 2018-09

By: Connie N. Bertram

In addition to Directive 2018-09, summarized here, OFCCP issued on September 19, 2018 Directive 2018-08 addressing the OFCCP compliance review process. OFCCP explains that it is the most recent of a series of Directives designed to increase transparency and the quality of compliance reviews, including hosting a series of compliance assistance events, issuing a Directive requiring Pre-Determination Notifications prior to the issuance of Notices of Violation, and publishing OFCCP’s supply and service scheduling methodology. 

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OFCCP Issues Directive Addressing Focused Reviews of Federal Government Contractors

OFCCP Issues Directive Addressing Focused Reviews of Federal Government Contractors

By: Connie N. Bertram

Acting OFCCP Director Craig Leen announced at the National Industry Liaison Group annual conference in early August that OFCCP would start conducting focused reviews of federal government contractors. A week later, on August 10, 2018, OFCCP issued Directive 2018-04 (the "Directive"), directing that a portion of OFCCP’s scheduling lists include reviewed focused on compliance with the three laws enforced by OFCCP: Executive Order 11246 (equal employment opportunity regardless of race, color, religion, sex, sexual orientation, gender identity, or national origin)

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