More Requirements from OFCCP for those Federal Contractors Selected for Audit

OFCCP is proposing changes to its Corporate Scheduling Announcement List (CSAL) and the selection process that will make the whole reporting process more difficult for contractors. Lowlights include the following: 

Companies that prepare multiple AAPs for separate facilities may be required to submit all AAPs for the city or state in which their officially-selected unit is located.  

More detail about the goal-setting process would be required, including currency of data used.  

A list identifying ALL programs being conducted by the employer to correct problems that have been identified, beyond any identified in the agency’s desk audit.  

Documentation of “documentation of policies and practices regarding all employment recruiting, screening, and hiring mechanisms, including the use of artificial intelligence, algorithms, automated systems or other technology-based selection procedures.” [The use of AI and other technology is coming under increased scrutiny at the state level as well, so employers utilizing those tools must be ready to show that they do not have any built-in bias.]  

MORE:  

More information detailing specific steps to be taken by contractors if their internal placement goals for hiring disabled individuals and protected veterans have not been met.  

More data about promotions and terminations, including whether or not promotions were competitive.  

More compensation data: instead of one “snapshot,” the previous year’s snapshot would also be required.  

The inclusion of outside staffing personnel in the above snapshots.  

Documentation that the contractor has evaluated its compensation system to see if any disparity exists based on protected classes.  

Copies of employee agreements that may have an impact on employees’ rights, such as employment or arbitration agreements, etc.  

For the morbidly curious, the proposal from OFCCP is online at https://www.regulations.gov/docket/OFCCP-2022-0004.  

In the meantime, OFCCP has proceeded to issue this year’s CSAL to 500 targeted employers that did NOT self-certify through the OFCCP Contractor Portal.