November 27, 2021

Volume XI, Number 331


November 24, 2021

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Update: New OFCCP Scheduling Letter Released

It’s here.  OFCCP’s New Scheduling Letter and Itemized Listing has been released and is effective for any audits initiated today, October 1, 2014, and going forward.

As we noted yesterday, the revised scheduling letter and itemized listing changes a number of the audit submission requirements.  Here’s a summary of the changes:

  • Compliance with the new veteran and disability regulations:

    • Results of the effectiveness of outreach evaluation;

    • Documentation of the audit and reporting system;

    • Data collection and analysis, including an additional six months if more than six months into the plan year;

    • Disability utilization analysis, including progress for the current year if more than six months into the plan year; and,

    • Veteran hiring benchmark, including progress for the current year if more than six months into the plan year.

  • Support Data:

    • Policy statements, employee notices and handbooks implementing the CBA;

    • All personnel activity data shall be submitted by sub-minority group (OFCCP lists the traditional 5 groups);

    • All unknowns shall be included in the submission; and,

    • Include a definition of promotion.

  • Compensation:

    • Employee-level (not summary) compensation data;

    • As of the WFA date;

    • Defined “employees” to include (FT, PT, contract, per diem, day labor, temporary);

    • For each, provide JT, EEO-1, JG and DOH;

    • Additional columns for bonuses, incentive, commissions, merit increases, locality pay, and OT; and,

    • Compensation policies.

  • Additional New Items:

    • Accommodation policies, requests and how resolution;

    • Assessment of personnel process; and,

    • Assessment of physical and mental qualifications.

Jackson Lewis P.C. © 2021National Law Review, Volume IV, Number 274

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...