On July 1, 2016, the Office of Federal Contractor Compliance Programs (“OFCCP”) announced that it had renewed its Scheduling Letter and Itemized Listing for use during compliance investigations. The renewal lasts for three years. In announcing the renewal, the OFCCP noted that it made certain “clarifying edits,” designed to “ensure contractors understand the information being requested and to strengthen the agency’s assurances of confidentiality for the information provided.”
Most of the changes to the scheduling letter are not substantive. However, the new letter contains a notable change regarding OFCCP’s treatment of information provided by contractors to the agency during compliance reviews.
The prior scheduling letter described the agency’s view that the information requested was “sensitive and confidential” and would be treated as such. However, in the renewed letter, the OFCCP removed this language, stating instead that the OFCCP “may use the information you provide during a compliance evaluation in an enforcement action. We may also share that information with other enforcement agencies within DOL, as well as with other federal civil rights enforcement agencies with which we have information sharing agreements. Finally, the public may seek disclosure of the information you provide during a compliance evaluation.”