June 19, 2019

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June 17, 2019

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OFCCP Receives Approval for Section 503 Focused Review Scheduling Letter

Last August we reported on OFCCP’s announcement  (DIR 2018-04) that starting in 2019 it would be conducting truncated “Focused Reviews” that centered on compliance with AAP requirements under Section 503 (Individuals with Disabilities) and VEVRAA (Veterans).

If everything goes according to OFCCP’s plan, the next round of CSALs will include notices for these more limited Focused Reviews under Section 503.  In total, OFCCP expects to conduct 500 focused reviews in FY2019.  While Director Leen had previously indicated the CSAL list would be released in February, we’ve learned he now believes it will likely not be released until further into the Spring.

In preparation for this, OFCCP requested approval for a “Non-material change request” for a Scheduling Letter for Focused Reviews (OMB form 1250-0003). OMB approved the new form in late November.

Takeaways:

  • The revised Scheduling Letter contains no additional formal requirements for contractors to complete. The Focused Review Scheduling Letter is simply a pared down version of the standard OFCCP Scheduling Letter
  •  The revised Scheduling Letter approved by OMB only includes requests for Section 503 data with the notable exception of requesting a copy of the contractor’s Executive Order 11246 affirmative action plan (not including itemized listing data) as well as 3 years of EEO-1 reports. 
    • It is not clear how these two specific items will further OFCCP’s review of a contractors compliance with the disability regulations as they pertain to, and contain only, race and gender information.
  • The Focused Review Scheduling Letter is set to expire on 6/30/2019.  This is likely because the standard OFCCP Scheduling Letter must be renewed/reviewed at the same time as part of the regular 3-year process.
  •  According to the Agency’s request to OMB, “OFCCP will not conduct a greater number of compliance evaluations as a result of the implementation of the focused reviews as they will not be conducted in addition to, but in lieu of, compliance reviews in a number of instances.”

Overall, this comes as good news for contractors who are trying to proactively prepare for a potential focused review.  Though our advice is not to lose focus and to continue to evaluate your compliance.

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...

303-225-2382
James Mackey, Jackson Lewis Law Firm, Denver, Labor and Employment Law Attorney
Associate

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.

303-225-2411