When a federal contractor is formally selected for a compliance review, the OFCCP notifies the contractor by sending what is referred to as a Scheduling Letter directly to the facility that will be evaluated. The Scheduling Letter includes an Itemized Listing that requests various statistical reports and other pieces of information. Contractors are required to submit all of the data requested in the Itemized Listing to the OFCCP within 30 days of receipt of the Scheduling Letter. The current Scheduling Letter and Itemized Listing that are being used by the OFCCP have been approved by the Office of Management and Budget (OMB); however, the Scheduling Letter and Itemized Listing are set to expire on September 30, 2011. The OFCCP is taking this opportunity to propose changes to the information requested in the current Scheduling Letter and Itemized Listing.
On May 12, 2011, the OFCCP published proposed major changes to the Scheduling Letter and Itemized Listing. OFCCP’s proposals make dramatic and wide-ranging changes to the scope of information that would need to be provided at the start of a compliance review. Under the changes proposed by OFCCP, contractors would be required to provide:
If these changes are approved, they will be very burdensome to contractors subject to an OFCCP audit. For example, contractors currently are required to provide summary information on personnel activity by job group OR job title by race and gender rather than personnel activity on job group AND job title by all minority sub-groups. The OFCCP is accepting comments about its proposed changes through July 11, 2011. We encourage contractors to review the proposed changes and submit comments to the OFCCP. Comments can be submitted via the web at http://www.regulations.gov//
Did You Know … that the contractor community can have a huge impact on proposed changes? The last time the OFCCP attempted to make significant changes to the Scheduling Letter and Itemized Listing, contractors and business advocacy groups strongly objected to the proposals and the OFCCP was prevented from making its proposed changes. This demonstrates the importance of providing comments to the OFCCP regarding their proposals.
Let Us Help
If you want to know more about the changes to the Scheduling Letter and Itemized Listing and how these changes will affect your company, please contact us. If you want to read the OFCCP’s proposals regarding the changes to the Scheduling Letter and Itemized Listing, they can be found at the following locations:
The OFCCP’s supporting statement about its proposed changes can be found at the following location: