The Office of Federal Contract Compliance Programs (OFCCP) just released its FY 2020 lists of Supply & Service and Construction contractors the agency expects to audit (see FY 2020 CSAL Supply & Service and FY 2020 CSAL Construction). With enforcement a primary goal of OFCCP, preparing for an audit is key. If your company is on the list, PilieroMazza’s Labor & Employment team suggests you follow these 6 tips to properly prepare for an OFCCP audit to avoid potential penalties and possible loss of your government contract. Also, join PilieroMazza’s Sara Nasseri and her guest BOOST’s Nicole Ferritto for a one-hour webinar on September 17, 2020, at 2 PM ET as they dive into “2020 OFCCP Refresh and Reset”. Visit this link to register.
- Get your paperwork in order and organize all your documentation, including job advertisements and recruitment materials.
- Ensure your Affirmative Action Plan (AAP) is updated and ready to go. Once your company receives the Scheduling Letter and Itemized Listing from the OFCCP, you will have 30 days to submit the AAP.
- Perform a spot check of work sites to ensure the correct posters are displayed. This is often overlooked, but makes a good first impression.
- Evaluate your recruiting process to ensure requisitions are posted with the right language and in the right places.
- Perform an internal audit of positions to ensure that there are not obvious and unjustifiable differences for the employment opportunities of members of any gender, race, ethnic group, those with disabilities, or veterans.
- Have a team ready to go and maintain effective communication regarding your plan of action throughout the audit. Your team should include HR professionals and legal counsel, as need be.
While undergoing an OFCCP audit is daunting and stressful, taking the time to adequately prepare, organize, and maintain a plan of action can ease some of the burden off your team. It is also a great opportunity to evaluate your policies and practices and fill in any gaps or improve any noted problem areas moving forward. If your company is facing an OFCCP audit, or if you simply need assistance ensuring your company is OFCCP-compliant generally, please contact Sara Nasseri, the author of this client alert, or a member of PilieroMazza’s Labor & Employment Group.
