The Labor Department’s Office of Federal Contract Compliance Programs (OFCCP) is proposing to make extensive changes to the various letters it uses for scheduling federal contractors for compliance evaluations under the laws OFCCP enforces.  

The changes, which first must be approved by the White House Office of Management and Budget (OMB), are being requested in conjunction with a routine extension of paperwork requirements that federal agencies must seek periodically under the federal Paperwork Reduction Act (PRA).

If approved by OMB, the revised letters will impact the data and information federal contractors must provide in response to routine compliance reviews, corporate management compliance evaluations, and compliance checks, as well as focused reviews under Section 503 of the Rehabilitation Act and the Vietnam Era Veterans Readjustment Assistance Act (VEVRAA).

In one change of particular note, supply and service contractors selected for routine compliance reviews would now be required to submit to OFCCP a compensation analysis at the start of each audit, and provide an availability analysis that considers the incumbency and availability by job group for individual races and ethnicities, in addition to the availability of minorities in the aggregate.

OFCCP is soliciting public comments on the proposed changes as required by the PRA approval process. Comments are due by June 11, 2019 (supply-and-service) and June 7, 2019 (construction).

Members of the Center for Workplace Compliance (CWC) can read more here.