May 22, 2022

Volume XII, Number 142

Advertisement
Advertisement

May 20, 2022

Subscribe to Latest Legal News and Analysis

May 19, 2022

Subscribe to Latest Legal News and Analysis
Advertisement

What’s New in the Latest OFCCP Scheduling Letters?

The Office of Management and Budget recently approved proposed revisions to the Scheduling Letter and Itemized Listing, the Compliance Check Letter, and the Section 503 Focused Review Letter, in addition to introducing the VEVRAA Focused Review Letter. The revisions include only a few substantive changes that impact government contractor disclosures.

OMB recently approved the revised scheduling letters, but fortunately did not adopt all of OFCCP’s proposed changes, including proposed changes to request compensation information during focused reviews. While the new Compliance Check Letter remains substantively unchanged, a few differences exist among and between the other scheduling letters.

In the new Scheduling Letter and Itemized Listing, contractors must now “describe the specific good faith efforts made to remove identified barriers, expand equal employment opportunity, and produce measurable results” when goals are not attained. See Itemized Listing § 17(c). Additionally, contractors must submit a description of their personnel processes assessment and a schedule of the physical and mental qualifications assessment. See Itemized Listing §§ 21-22.

Under the new Section 503 Focused Review, contractors no longer need to submit data regarding the formation of job groups, documentation of all actions taken to comply with the audit and reporting system requirements, or copies of EEO-1 Reports for the last three years. Alternatively, for Section 503 Focused Reviews, contractors must now submit a description of the assessment of personnel processes and a schedule of the physical and mental qualifications assessment, which mirrors the new Scheduling Letter and Itemized Listing. See Section 503 Focused Review §§ 8-9.

The inaugural VEVRAA Focused Review Letter essentially mirrors the new Section 503 Focused Review Letter. Notably, to the extent the focused review data is maintained electronically, contractors must now submit it in a complete, readable and usable format. Unlike the Section 503 Focused Review, however, the VEVRAA audit letter seeks documentation regarding hiring benchmarks. See VEVRAA Focused Review letter § 5.

Note that the OFCCP remains “virtually” operational during the COVID-19 pandemic; therefore, contractors listed on the previously issued Corporate Scheduling Announcement Letter (CSAL) should begin to gather the requested data in the VEVRAA audit letter.

Contractors should also be mindful that the new obligations may apply not only to OFCCP audits, but to general contract compliance as well. Going forward, contractors are certifying their compliance with requirements that are less than concrete and to which enforcement remains uncertain, such as using “good faith efforts made to remove identified barriers, expand equal employment opportunity, and produce measurable results.” Accordingly, contractors should review and update as appropriate their relevant standard operating procedures (SOPs) and codes of ethics and business conducts to help insulate themselves from contractual and legal liability, particularly with regard to the False Claims Act.

© 2022 Faegre Drinker Biddle & Reath LLP. All Rights Reserved.National Law Review, Volume X, Number 108
Advertisement
Advertisement
Advertisement
Advertisement
Advertisement
Advertisement

About this Author

Kristin Jones Pierre Labor & Employment Faegre Drinker Biddle & Reath Minneapolis, MN
Partner

Kristin Jones Pierre advises management nationwide on complex workplace matters, including identifying long-term strategies and best practices to reduce employment-related legal risks while meeting business needs. She represents employers of all sizes, including public and private companies, emerging businesses, and nonprofit organizations.

Employment Counseling

Kristin helps employers identify employment obligations, risks and liabilities from hiring practices to termination. Her experience includes advising employers on:

  • Hiring practices, including recruitment...
612-766-7875
Jessica Abrahams Government Contracts Lawyer
Partner

Jessica C. Abrahams, chair of the firm’s Government Contracts Team, offers U.S. and international clients comprehensive counsel on issues concerning litigation, compliance, and transactions. Her clients span a variety of industries, from biodefense and health care to information technology, defense products and services, supply chain and infrastructure development. She regularly advises global government contractors, Indian nations, nonprofit organizations and small business owners on contracting best practices and risk mitigation techniques.

A trial lawyer with a...

202-230-5361
Stacie L. Linguist Commercial Litigation & Government Contracts Faegre Drinker Biddle & Reath Minneapolis, MN
Associate

Stacie Linguist represents clients in commercial litigation and government contracts matters. Stacie helps clients resolve business disputes, obtain government contracts and respond to government investigations. She has worked with clients in a number of industries, including financial services, insurance, health care, defense and technology.

Litigation and Investigations

Stacie litigates bid protests before the Government Accountability Office, the U.S. Court of Federal Claims, and state agencies and departments, conducts internal investigations, and responds to Inspector...

612-766-8777
Advertisement
Advertisement
Advertisement