September 22, 2020

Volume X, Number 266

September 22, 2020

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September 21, 2020

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OFCCP Releases List of Potential Affirmative Action Audit Targets

This week, the Office of Federal Contract Compliance Programs (OFCCP) released its 2019 Corporate Scheduling Announcement List (CSAL) of companies and organizations targeted for potential audit of their affirmative action programs. The OFCCP has a longstanding practice of issuing CSAL letters to government contractors, giving them a heads up that they may receive a formal notice of audit. This is the first time OFCCP will not mail CSAL notices directly to contractors. Instead, contractors will know they are on the CSAL only by checking the OFCCP’s FOIA library.

Access the 2019 CSAL list, along with methodology and other frequently asked questions, at the U.S. Department of Labor website.

While being on the CSAL list does not necessarily mean a contractor will receive an audit, contractors on the list would be wise to make sure their affirmative action plans are up to date and that they have conducted statistical analyses of hires, promotions and terminations, and compensation for indicators of discrimination based upon race, ethnicity and gender.

New this year, certain OFCCP audits will focus exclusively on compliance with disability requirements. So, contractors may also take the opportunity to ensure their affirmative action plans for veterans and individuals with disabilities are in good order.

Federal contractors and subcontractors on the CSAL list should be watchful in the coming weeks and months for an official notice from OFCCP of an actual affirmative action compliance evaluation. Once receiving notice of a compliance evaluation, contractors have 30 days to submit the requested information, including their affirmative action plans, to OFCCP.

© 2020 BARNES & THORNBURG LLPNational Law Review, Volume IX, Number 85


About this Author

Janilyn Brouwer Daub Labor & Employment Attorney

Janilyn Daub defends employers in labor and employment litigation in federal and state courts, as well as before various governmental agencies, such as the OFCCP, EEOC and NLRB. She is dedicated to helping her clients with the legal issues that arise when managing a workforce, navigating them through the challenges they face while seeking to mitigate future problems and liability.

With a practice that is national in scope, Janilyn frequently advises clients on issues related to affirmative action plans, including plan preparation and defense of Office of Federal Contract Compliance...