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OFCCP Discloses Audit Scheduling Methodology

In another show of transparency, OFCCP has released a detail description of its process for selecting contractors for audit.  The two-page document walks through, step-by-step, the process OFCCP undertook to identify establishments for the “first release of the FY 2018 Supply and Service scheduling list.”  As the release explains, OFCCP is not required to make these disclosures but decided to do so voluntarily.

As a first point to note, description describes this as first release, indicating, not surprisingly, that there likely will be a second round of scheduling occurring later this fiscal year.

The description then moves into detail about how they bucket contractors based on organizational relationship and how the Agency takes into consideration, employee count, contract details and other factors.

Finally, the description notes that once the establishments were identified, they were randomly ordered, uploaded into the Case Management System and, if necessary,

appended to district offices’ lists of unscheduled establishments. OFCCP does not purge unscheduled cases from prior lists before releasing a new scheduling list.” 

This last section explains why contractors may be seeing scheduling letters without first receiving a CSAL.  Because the unscheduled cases are not purged, they remain in the system, and thus might be added to the list, even though they were not newly selected.

As OFCCP continues to provide new and additional information we will be sure to update.

Jackson Lewis P.C. © 2019

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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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