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OFCCP Clarifies Audit Response Obligations and Expectations during COVID-19 Pandemic

The National Industry Liaison Group has worked with OFCCP leadership to clarify contractor obligations and OFCCP expectations for compliance reviews that are moving forward during this unprecedented time.  The below are in addition to the National Interest Exemption recently announced by the Agency.

By e-mail, NILG shared OFCCP has informed it of the following protocols the Agency will put in place going forward:

  • Grant an automatic 30-day extension for submission of AAPs after receipt of Scheduling Letter
  • Grant an automatic additional 30-day extension to contractors who submit their written AAP narrative within 60 days of receipt of scheduling letter (i.e. provide another 30 days for submission of all data reports and analyses)
  • Grant an automatic extension of 14 days, and more commonly of 30 days, for contractor response to information requests, with opportunity for further extensions as needed
  • Conduct 503 focused review onsites via video or phone conference only until contractors begin resuming normal operations

The protocols will allow OFCCP to continue operations to the extent feasible given the current emergency as well as address contractor concerns as their operations become impacted by the pandemic.  The key, as it always should be, is for contractors to communicate with OFCCP during an audit to the best extent possible.

The OFCCP and the NILG recommend contractors concerned about receiving Scheduling Letters during the emergency consider providing an email address for the responsible contractor representative to the applicable Regional Director, with a copy to Deputy Director Patricia Davidson at  Davidson.Patricia@dol.gov.  The OFCCP assures the NILG that

contractors providing this information will receive the Scheduling Letters via email in addition to the mailed copy.

OFCCP and NILG recommend that “contractors who believe the OFCCP is not taking the pandemic emergency into sufficient account, either in general or in a relation to a specific audit,” contact the OFCCP Omsbud, Marcus Stergio,  Stergio.Marcus@dol.gov or 202-693-1174.

NILG and the contractor community appreciate Director Leen’s and the Agency’s swift attention to these matters during these trying times.

Jackson Lewis P.C. © 2020

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About this Author

Laura Mitchell, Jackson Lewis, Management Representation lawyer, Contractual Drafting Attorney
Principal

Laura A. Mitchell is a Principal in the Denver, Colorado, office of Jackson Lewis P.C. She represents management exclusively in all areas of employment law, focusing on affirmative action and government contractor compliance.

Ms. Mitchell is a Principal in the firm’s Affirmative Action and OFCCP Defense practice group, representing government and non-government contractors in Office of Federal Contract Compliance Programs (OFCCP) matters, preparing for and defending OFCCP audits, and counseling employers on issues stemming...

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