The Office of Federal Contract Compliance Programs (OFCCP) has proposed changes to its Scheduling Letter and Itemized Listing that it uses to announce audits to contractors. While the OFCCP claims it is trying to reduce the overall burden on contractors, the proposed changes, if allowed, will greatly increase the documentation contractors subject to OFCCP audits must turn over or make available.
As some of you unfortunately know, the OFCCP’s Scheduling Letter is notice of a compliance evaluation and requires you to submit Affirmative Action Program(s) and supporting data, including personnel activity data and summary pay data. The major changes to the Scheduling Letter are:
- The contractor must provide employment leave policies, including Family and Medical Leave Act, pregnancy leave, and accommodations for religious observances and practices. If these policies are in a handbook, the entire handbook should be provided.
- The contractor must provide demographic data by certain sub-minority groups, including African-American/Black, Asian/Pacific Islander, Hispanic, American Indian/Alaskan Native, and white.
- The contractor must provide the VETS-100/VETS-A reports for the last three years.
Given the government’s stepped up regulatory involvement in contractors’ operations, now would be a good time to review your policies, including any affirmative action plan, and your record keeping practices, to make sure that they comply with both federal and state law requirements.