2. #1 Rule for Managing an OFCCP Audit
• Know your AAP before you send it to
the OFCCP
3. Notice of Audit
• Corporate Scheduling Announcement
Letter (CSAL)
– Use this notice to your advantage
• Scheduling Letter
– Get started ASAP – 30 days to respond
– Identify resources (internal & external)
4. Stages of an Audit
• Desk Audit
• On-Site Review
• Off-Site Analysis
5. Desk Audit
• Submission of complete and accurate information
requested in scheduling letter to OFCCP office
within 30 days
• Thoroughly review documentation/recordkeeping
• Attention to EO 11246, Section 503 & VEVRAA
requirements
• Adverse impact analysis
– Validate & refine
• Conduct compensation analysis
• Highlight your accomplishments/good faith efforts
• Document all conversations with compliance officer
6. On-Site Review
• Every 25th review will be chosen for full audit
regardless of indicators (on-site included)
• Indicators of potential areas of discrimination or
noncompliance with affirmative action requirements
• OFCCP visits contractor’s facility to inspect
personnel documents and practices
• Can include interviews with employees and
managers
• Review every document supplied to compliance
officer
• Company representative, including attorney should
be present at management interviews
7. Off-Site Analysis
• Documents determined to be necessary
from on-site review are reviewed off-
site
• Keep in touch with compliance officer
• Give OFCCP reasonable amount of
time to complete review of data
• Have appropriate resources to prepare
for negotiation and conciliation with
OFCCP
8. Possible Outcomes/Closure of Audit
• Closure Letter (with or without
violations)
– Audit closed, no further action required
• Notice of Violations
• Conciliation
– Reporting
– Make-whole relief
– Debarment
9. OFCCP News, Trends And Cases That
Impact An Audit
• Rescission of Active Case Management
• Active Case Enforcement
• Rescission of I-9 form inspection
• Rescission of comp guidelines
• Frito-Lay case
– Desk audit requests limited to time frame in scheduling
letter
• Increased focus on veteran/disabled outreach
• Increase in enforcement
– Multi-establishment complaints and conciliation
– Pursuing individual complaints and classes of 2 or more
– Debarment
10. Resources
• Sample Corporate Scheduling
Announcement Letter
– http://www.dol.gov/ofccp/regs/compliance/csal_letter.pdf
• Sample Scheduling Letter
– http://www.dol.gov/ofccp/regs/compliance/OMB_appr_let
ter.pdf
• Federal Contract Compliance Manual
– http://www.dol.gov/ofccp/regs/compliance/fccm/fccmanul.
htm
• Active Case Enforcement Directive
– http://www.dol.gov/ofccp/regs/compliance/faqs/ACE_faqs
.htm#Q6
11. Contact Info
• Carla Irwin
• Carla Irwin & Associates, Inc.
• cirwin@hrlinkgroup.com
• 815-254-0690
• www.carlairwininc.com
