May 2013

The New Rules for OFCCP Onsite Audits:
How Much “Cause” is “Probable” Enough?

I think many readers are going to be very surprised by this column because OFCCP has recently completed a very BIG change to its audit procedures, but did not tell anyone. No News Release. No Federal Register Notice. No Webinar. Not even a “podium policy” announcement. And yet, the change was monumental, in my judgment, and is only the fourth such change in OFCCP’s nearly 50 year audit history. And, it changes the way EVERY contractor defends onsite audits (as rare as those will be in coming years due to related changes to OFCCP’s recently unveiled new audit strategies). More importantly, the recent BIG change to OFCCP’s audit procedures now changes dramatically the circumstances and proof OFCCP District Offices now need to pony up before they may lawfully come onsite to inspect contractor establishm