On March 25, 2019, the Office of Federal Contract Compliance Programs ("OFCCP") issued its Corporate Scheduling Announcement List ("CSAL") which includes 3,500 establishments for FY 2019. The CSAL list comes in lieu of individual letters which had traditionally been sent directly to federal contractors to notify them of potential audits. OFCCP has been encouraging federal contractors to sign up for email updates and contractors that have done so should check the list to see whether their organization has been listed. If your organization has not signed up for OFCCP email updates, the list can be found here:
So, what is the CSAL?
The CSAL serves as an advanced courtesy notification to a contractor's establishment that appears on OFCCP's list of establishments selected to undergo a compliance review. OFCCP also notes that the CSAL serves as an invitation to contractors to utilize the various compliance assistance resources and activities provided by OFCCP through its website, and through the district and regional offices. Thus, the CSAL provides contractors with a 45-day courtesy notification prior to when OFCCP begins sending its "scheduling letter" which officially announces the compliance review and starts the clock ticking for the contractor to submit its Affirmative Action Program(s) ("AAP") and supporting data from the 22 items requested at the beginning of a compliance review. If "lucky" enough to receive the scheduling letter, contractors have 30 days from its receipt to submit their AAP(s) and the supporting data. As a result, all contractors on the CSAL receive at least a minimum of 75 days advance notice to have their AAP(s) and supporting data ready for submission.
Contractors may request a 30-day extension to submit the supporting data which OFCCP will normally grant if the contractor has timely submitted all requested AAPs. OFCCP will not generally grant any extensions if the AAP(s) is not timely submitted as those documents should be updated annually and kept current. In any event, failure to timely submit the required documentation will result in an immediate Notice to Show Cause why OFCCP should not initiate enforcement proceedings.
The CSAL also lists the various types of review OFCCP will conduct: Establishment Reviews, Section 503 Focused Reviews (individuals with disabilities), Compliance Checks, Corporate Management Compliance Evaluations, and Functional Affirmative Action Program Reviews.
If you have any questions regarding the issues discussed in this edition of Compliance Matters, please call your firm contact in California at (818) 508-3700 or in North Carolina at (704) 765-1409, or visit us online at www.brgslaw.com.
- Check the list if you are a government contractor! If your organization is listed, a scheduling letter / audit is most likely imminent;
- Even if your organization is not listed, that doesn't guarantee that the OFCCP will not visit. Be prepared and keep all AAPs up to date;
- Review your EEO practices for compliance with EEO 11246, VEVRAA and section 503.
Richard S. Rosenberg
Ballard Rosenberg Golper & Savitt, LLP