The Office of Federal Contract Compliance Programs is a part of the U.S. Department of Labor. OFCCP ensures that employers with Federal government contracts comply with nondiscrimination laws and regulations. During a compliance review, your policies and procedures will be audited. This process can be confusing to many companies, so it’s important to understand the different stages of an OFCCP compliance review.
A Schedule Letter is a notification from OFCCP that you have been selected for an audit of your company’s compliance with federal affirmative action laws. The letter will give you specific instructions about how to respond and provide some information about what the audit team will be looking for during their visit.
If you receive a Schedule Letter, it’s important to act quickly to ensure that everything is up-to-date and accurate before they arrive onsite at your business location. Any discrepancies between what was previously reported and what was discovered during their visit can result in fines against your company (or even termination). It’s also important because it could affect access to certain industries like construction or manufacturing.
The next step in the compliance review process is a desk audit. A desk audit differs from an on-site or remote inquiry because you are able to review your AAP in person rather than by phone. This allows you to get an accurate picture of how well your plan meets the requirements of federal law and regulations.
The length of time it takes for each stage varies based on how large your company is and its location. Once completed, there are two possible outcomes: either OFCCP will issue a letter stating that there were no violations identified during this stage, or they may issue an action plan outlining steps needed for improvement or correction before moving forward with further stages.
After completing the desk audit, you will either be cleared for good or selected for an on-site review. A compliance officer will conduct a more thorough analysis of your company’s AAP.
If you are selected for an on-site review:
- You will receive notice that the OFCCP has chosen to conduct an on-site inspection at your facility.
- The inspector will arrive within two weeks after you notify you that they may do so.
Once you have passed the initial desk audit, and if all required information has been submitted within the required timeframe, you will be notified of the results. If your firm is not in compliance, there may be a need for a conciliation agreement or litigation.
If you do not comply with the requirements, we recommend submitting a plan of correction as soon as possible.
We hope this blog post has given you insight into the OFCCP compliance review process. It is important to note that failure to comply with these regulations can lead to a huge financial loss.