October 28, 2020

Volume X, Number 302

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October 27, 2020

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October 26, 2020

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OFCCP Launches Guidance Landing Pages for Promotion and Accommodation Focused Reviews

OFCCP’s most recent CSAL included, for the first time, establishments selected for promotion and accommodation focused reviews.  While the Agency has talked for sometime about initiating these types of focused reviews, there has been little information available to help contractors understand what the reviews will entail.   Today, the agency has provided some, albeit limited, insight with the Agency’s launch of landing pages for both Promotions Focused Reviews and Accommodations Focused Reviews

Regarding promotions focused reviews, OFCCP says:

Compliance Officers will review, among other things, contractor policies and procedures, employee personnel files, and personnel data tracking contractors’ promotion decisions. Compliance Officers will also conduct interviews with managers responsible for promotion decisions and, if applicable, with affected employees. OFCCP may also evaluate hiring and compensation policies, procedures, and data, as appropriate, to determine if qualified applicants are being steered into lower paying positions with limited upward mobility or otherwise prevented from advancing professionally.

Importantly, OFCCP states:

“[o]ne aspect of these reviews will be to examine whether discrimination occurs at the intersection of race and gender.

Regarding accommodations focused reviews, OFCCP states:

In conducting these reviews, Compliance Officers will examine a contractor’s policies and procedures related solely to religious and disability accommodations, as identified in the scheduling letter. The Compliance Officer will specifically review documentation relating to accommodation requests and dispositions, with a particular emphasis on denial(s) of accommodation.

However, at least for now, the web pages are short on details.  There is no example of the scheduling letters OFCCP will use or, thus, any itemized listing of what data and documents the Agency may require at the outset of a review.  However, there is a description of what the scheduling letter will entail:

The scheduling letter specifies the documents and data that a contractor must provide to OFCCP when selected for a promotions [or accommodations] focused review. The letter and itemized listing are tailored to obtain basic affirmative action programs, support data, and information applicable specifically to [accommodations and] promotion opportunities, policies and practices.

Likewise, OFCCP says a Sample On-Site Review Guide and a Sample Focused Review Report are “Coming Soon”.

For now, OFCCP has launched an FAQ page for promotion and an FAQ page for accommodation reviews.

Stay tuned for more information and insights on these focused reviews.

Jackson Lewis P.C. © 2020National Law Review, Volume X, Number 267
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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...

303-225-2382
F. Christopher Chrisbens, Jackson Lewis, litigation attorney, employment law, intellectual property legal counsel, OFCCP compliance lawyer
Of Counsel

F. Christopher Chrisbens is Of Counsel in the Denver, Colorado, office of Jackson Lewis P.C. Over his years as a litigation attorney, manager, trainer and workplace investigator, Mr. Chrisbens has developed a diverse array of employment law skills serving employers in a variety of legal and corporate settings.

Mr. Chrisbens began his career as a litigator and appellate practitioner in Los Angeles, California, and later returned to Boulder, Colorado where he was partner in a Boulder firm practicing in the areas of commercial, intellectual property and employment litigation.

Mr. Chrisbens joined Jackson Lewis after many subsequent years as the manager of affirmative action planning and OFCCP compliance in both the law firm and employer association settings. He now counsels, represents, and provides training to federal contractors in all facets of affirmative action planning and OFCCP compliance, including all phases of OFCCP compliance audits. Mr. Chrisbens has successfully and efficiently guided many federal contractors through OFCCP audits, including on-site investigations, compensation scrutiny and applicant tracking analyses. Mr. Chrisbens also provides customized on-site affirmative action and investigations training, and frequently accepts speaking engagements on both topics.

303-225-2381
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