Recently posted enforcement data by the Labor Department’s Office of Federal Contract Compliance Programs (OFCCP) show a 34% decrease in overall compliance audits completed by the agency during Fiscal Year (FY) 2018 as compared to the previous year. OFCCP reports that it completed 812 audits in FY 2018, compared to the 1,142 audits completed in FY 2017. The latest numbers continue a trend during the Trump Administration showing an overall decline in the number of audits the agency closes annually, though the percentage of those audits that close with a discrimination violation has begun to rise.
OFCCP reports three closure types: Notice of Compliance, Conciliation Agreement, and Financial Agreement. The agency reports that of the audits closed during FY 2018 where some type of violation was found, 120 closed with conciliation agreements and an additional 48 closed with financial agreements.
Not surprisingly, OFCCP’s latest enforcement numbers also show nearly three-fourths of the audits that included allegations of hiring discrimination also involved recordkeeping violations. Proper recordkeeping is essential for minimizing the likelihood of being cited for noncompliance.
NT Lakis attorneys have prepared a summary of these enforcement numbers, including a number of charts presenting the data in graphic form. The numbers themselves can be found on the Labor Department’s Data Enforcement website.
Members of the Center for Workplace Compliance (CWC) can read more here.