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OFCCP Launches Section 503 Focused Review Informational Webpage

In August 2018, OFCCP released Directive 2018-04 announcing the Agency’s implementation of Section 503 Focused Reviews. Long a priority Director Craig Leen, the Agency is hopeful the reviews will improve compliance with the regulations and promulgate EEO for Individuals with Disabilities. OFCCP has indicated it will start scheduling the Section 503 Focused Reviews with the Agency’s upcoming round of CSALs.

When first announced, there were many questions surrounding what information OFCCP would request while conducting a Focused Review. Late in 2018, OFCCP obtained approval for an abbreviated Section 503 Scheduling Letter, confirming the Agency would be requesting a subset of data provided in a traditional review during the focused reviews.

On Friday, OFCCP provided additional insight and guidance with the launch of a new Section 503 Focused Review landing page. In addition to providing a sample of the Focused Review Scheduling Letter, the website also includes a list of employer best practices and resources as well as a set of FAQs.

Here are some of the highlights of the FAQs:

  • At least initially, OFCCP will conduct Section 503 Reviews at a contractor’s corporate headquarters. 

  • OFCCP will not review the contractors Executive Order 11246 AAP during a Section 503 Review; however, submission of the EO 11246 AAP (not including supporting data e.g. Items 18 and 19 of the EO Scheduling letter) is required as part of the initial submission.

  • OFCCP will not schedule contractors for other compliance reviews while undergoing a Section 503 Review.

  • OFCCP will not require submission of personnel data for a Focused Review other than data required by 41 CFR §60 741.44(k). After reviewing data, OFCCP may request applicant flow data for job groups containing applicants with disabilities.

  • Compliance officers may request compensation and promotion data for individuals who identified as having a disability, are known to have a disability, or have requested a reasonable accommodation.

OFCCP has announced that it would release the next round of CSALs in the second half of March. OFCCP will publicly release these CSALs on its website with actual scheduling letters to follow by mail beginning 15 days later.

Jackson Lewis P.C. © 2020


About this Author

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

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...

James Mackey, Jackson Lewis Law Firm, Denver, Labor and Employment Law Attorney

James D. Mackey is an Associate in the Denver, Colorado, office of Jackson Lewis P.C. Mr. Mackey assists government contractors in creating affirmative action plans and defending clients during OFCCP investigations and audits.

During law school, Mr. Mackey interned with the Administrative Conference of the United States (ACUS), Human Rights Campaign, and in the Office of Equal Employment Opportunity Commission (EEOC) Commissioner Chai Feldblum. Mr. Mackey was a member of American University Law Review and participated in the Civil Advocacy Clinic and Mock Trial Honor Society.