February 21, 2012 steptoe.com The New OFCCP Compliance Review: What To Expect When Scheduled For A Review In 2012 Presented by Elizabeth A. Schallop Call With comments by Lisa Barnum, Marian Enriquez and Rebecca Rand
Welcome message from author
This document is posted to help you gain knowledge. Please leave a comment to let me know what you think about it! Share it to your friends and learn new things together.
Transcript
February 21, 2012steptoe.com
The New OFCCP Compliance Review: What To Expect When Scheduled For A Review In 2012
Presented by Elizabeth A. Schallop CallWith comments by Lisa Barnum, Marian Enriquez and Rebecca Rand
The OFCCP Evaluation Process
OFCCP Evaluations and Investigations Corporate Scheduling Announcement Letter (not
FAAPs)• Sent if any establishments targeted for evaluation
Compliance evaluations Individual complaints
The Compliance Evaluation Process Desk Audit (incl. requests for information) On-Site Findings and Conciliation
Identifying Contractors For Compliance Reviews
Self-identification in EEO-1 Reports Increased visibility of subcontractors
Contracts First Project (2005)• Contractor selection list based on evidence of actual
contracts
• With access to OFCCP database of facilities where no compliance reviews have been conducted in recent years
New FAR reporting requirements• Prime contractors must report certain “first tier”
subcontracts
Compliance Evaluation Scheduling
Scheduling assignments sent to field offices Office Director mails Scheduling Letter notifying
the contractor 15 days after receipt, Compliance Officers
conduct introductory call and offer compliance assistance 30 days after receipt, AAP due to OFCCP
(OFCCP is less flexible with extensions.)
Evaluation ProcessExceptions/Exemptions
Contractors are exempt from OFCCP evaluations for 24 months from date of closure notice (for the audited facility).
No limit to the number of open compliance evaluations Eliminated 25 ongoing reviews exemption in
2010
The Desk Audit
Letter provides notice of desk audit Request submittal of:
AAPs (EO 11246 and VEVRAA/Section 503)
Personnel activity data (applicants/hires, promotions, terminations)
Compensation data (Item 11) EEO-1 reports (and VETS-100 reports)
New OFCCP Focus During Desk Audit Phase
Detailed review of your AAP Does the AAP Model make sense?
• Choice of Occupational Codes• Geographic Area
Is the utilization analysis accurate?• Goals (or lack thereof)• For ex.: There are 0 females in a job
group but no goal. Why?
New OFCCP Focus During Desk Audit Phase
What outreach efforts are indicated? Are outreach efforts tied to goals or
perceived shortages (regardless of impact issues)? For ex. – If there are few to no females
in the applicant log for a position, what is being done to increase female applicants?
New OFCCP Focus During Desk Audit Phase
Are outreach efforts for disabled individuals and veterans sufficient to meet obligations? Violations for non-compliance with
outreach obligations Conciliation Agreements as a remedy
Preparing The Desk Audit Response
Anticipate issues/questions The best defense is a good offense.
Analyze applicant/hire, promotion, termination and compensation data Gender/minority and racial/ethnic groups Don’t ignore impact re Males, Whites.
Understand continuing goals
Preparing The Desk Audit Response
DO Provide A Concise and Responsive Submittal Easily understandable format Give the OFCCP your good information Do not give the agency more than it requests Provide explanations of problem areas in the
submittal cover letter DO NOT Provide internal analyses if privileged:
Adverse impact analyses Compensation analysis
Panel Discussion and Questions
Requests For Information
Expect requests for information. Requests will be driven by information provided in
desk audit submittal. Applicant/hire data Compensation Outreach efforts
Immediate requests for detailed compensation data are common. 2% or more difference in pay. Limit supplemental data to job titles at issue.
Requests For Information
Use responses as an opportunity to explain any confusion.
Take advantage of opportunities for dialogue with the OFCCP. Stay on the pulse of the compliance review.
Provide timely and thorough responses with eye to resolving pending concerns and not raising new ones.
Panel Discussion and Questions
What Is An On-site Review?
Tour facility Postings
Review compliance with Executive Orders, VEVRAA and the Rehabilitation Act Focus on specific concerns, i.e.,
compensation, applicant/hire decisions.
What Is An On-site Review?
Review Employment Decisions Hiring decisions Promotion choices Termination decisions and reductions in
force Pay rate determinations Personnel files
What Is An On-site Review?
Interview managers and personnel involved with personnel decisions, i.e., hiring, compensation Interview Employees No longer inspect I-9 forms
Preparing For An On-site Review
Pre-tour your facility EEO/Labor Law posters and Veterans/Disabled
AAP Notice to View are displayed in conspicuous places.
Personnel and applicant files are stored in locked a cabinet or office
Completed invitations to self-identify demographic information are maintained in a confidential manner
Site provides structural accommodations for individuals with disabilities and appropriate facilities for male and female employees
Preparing For An On-site Review
Prepare documents for OFCCP review Obtain understanding from OFCCP on
documents to be reviewed Review your personnel records for
completeness and compliance Personnel files Job Opening and Applicant files
• Posting with state job service• Interview notes
Preparing For An On-site Review
Ensure vendor contracts (including hiring and temporary agencies) and purchase orders include the required language Prepare managers for witness
interviews – clarify the “message” Know when Legal Counsel is needed
During The On-site Review
Help the OFCCP understand your practices Corporate/legal representative present
during management interviews Review/revise interview statements
before signing Get temperature checks on status of
review/additional information needed Efficiently schedule on-site days.
The Ongoing On-site Review
On-sites are shorter and likely followed by more requests for information. Keep communication open with the
OFCCP and provide additional data and clarification, as needed. Many OFCCP concerns are resolved after
the on-site.
Bringing The Compliance Review To A Close
Notice of Compliance Minor Violation Letter
No reporting requirement, i.e., commitment to perform compliance requirement
Notice of Violation – Substantive Violations Usually accompanied by Conciliation
Agreement Conciliation Agreement Recommendation of Enforcement
Referral to Office of the Solicitor
A good relationship with the OFCCP helps!
Bringing The Compliance Review To A Close
Conciliation Agreement All remedies are not the same. Reporting requirement (12-24 months) Damages
• Back pay• Injunctive relief
o Offers to rejected applicantso Practice changes
National Pre-Award Registry
http://www.dol- esa.gov/preaward/pa_reg.html
Panel Discussion and Questions
Related Documents
