The Office of Federal Contract Compliance Programs (OFCCP) published a new Corporate Scheduling Announcement List (CSAL) on September 11, 2020. This CSAL contains two lists: one identifying 2,250 Supply & Service contractor and subcontractor establishments; while the second list, for the first time, contains 200 construction contractors that have been identified for potential compliance evaluations.
Scheduling Letter Timeline
As with previous lists, the fiscal year (FY) 2020 CSAL provides advance notice of audits to be scheduled in the future. Contractors identified in the list will be notified of the actual commencement of their audits by receipt of a Scheduling Letter. OFCCP contends with the publication of the latest CSAL that contractors will have received a minimum 75 days of advance notice to have their affirmative action plans (AAPs) ready for submission. This timeline includes the 45 days before OFCCP begins sending Scheduling Letters as well as the standard 30 days provided by the agency for contractors to submit their AAPs. OFCCP also acknowledged that it will continue to grant COVID-19 exemptions for all contractors which provides an additional 30 days for preparation of their submission.
It is important to note that although some Scheduling Letters may begin arriving by late October, OFCCP is still in the process of scheduling audits from previous CSAL lists including VEVRAA Focused Reviews. Therefore it is difficult to determine how soon any specific contractor may receive their letter. While audits are typically scheduled via registered mail, OFCCP has updated this process due to COVID-19. When the time comes to schedule each audit, OFCCP will attempt to contact each organization by phone or email. The contact person listed on the EEO-1 report is typically the first point of contact. However, contractors should always ensure that they look for certified mail or emails from the Department of Labor.
This latest CSAL includes several different types of compliance evaluations which include:
- Compliance Checks (500)
- Establishment Reviews (402)
- Corporate Management Compliance Evaluations (67)
- Section 503 Focused Reviews (250)
- Functional Affirmative Action Program (FAAP) reviews (31)
OFCCP has included for the first time two additional evaluation types:
- Promotion Focused Reviews and (500)
- Accommodation Focused Reviews (500)
To date, OFCCP has not provided much detailed guidance regarding these two new review types but has stated that additional information will be provided prior to those type of reviews being scheduled. This includes basic information such as the definition of “promotion” which is not currently defined in OFCCP regulations. OFCCP will presumably have to receive approval for Promotion ands Accommodation Focused Review Scheduling Letter from the Office of Management and Budget in a process similar to one the agency did when it created new Scheduling Letters for Disability and Veteran Focused Reviews. It is therefore unlikely that OFCCP will begin scheduling promotion or accommodation focused reviews in the near future.
Higher Education Comes into Focus
The Supply & Service CSAL includes institutions of higher learning which previous CSALs excluded. This CSAL does not include institutions of higher learning as a “Review Type” in the list itself. However, OFCCP has provided some clarification about how it intends to define establishments for higher education. It appears OFCCP is defining establishments for university reviews to include the “entire university campus located in one city.” The agency states it will treat the various university campuses located in different cities as well as hospitals and medical schools affiliated with universities as separate establishments. Additional guidance can be viewed in OFCCP’s Technical Assistance Guide for Educational Institutions.
Renewed Oversight of Construction Contractors
The FY 2020 CSAL is also the first time that OFCCP has included construction contractors in a CSAL. The agency has noted that the 200 constructions contractors identified in the list will all be scheduled for Compliance Checks. OFCCP also stated that future CSALs will include construction contractors scheduled for compliance evaluations. Construction contractors can find additional guidance in OFCCP’s Construction Contractors Technical Assistance Guide.