Quick Hit: As we previously reported, OFCCP is about to introduce “focused reviews” – compliance evaluations focused on a particular area of OFCCP enforcement – and its upcoming publication of the 2019 CSAL list will include Section 503 Focused Reviews. In advance of the launch of focused reviews, OFCCP has established a Section 503 Focused Reviews webpage (“Section 503 webpage”). The Section 503 webpage provides contractors with resources aimed at assisting with Section 503 focused reviews, including: a Section 503 FAQ page, a copy of the Section 503 Focused Review Scheduling Letter, and “OFCCP compiled disability related best practices to assist federal contractors with compliance.”

Key Takeaway:

Contractors should familiarize themselves with the contents of Section 503 webpage, which provides some useful guidance.  Of particular note, the FAQ page provides helpful answers for some common questions about the focused reviews as well as new insights.  For example:

  • Although the Section 503 Focused Review Scheduling Letter requests a copy of the contractor’s EO 11246 Affirmative Action Program, the document is not reviewed as part of the focused review; rather, it will be used to help the compliance officer understand the contractor’s organizational structure and compliance efforts.
  • Contractors will not be scheduled for full compliance evaluations while undergoing a Section 503 Focused Review (but will not be immune from investigations into individual complaints alleging violations of the laws OFCCP administers);
  • For now, Section 503 Focused reviews will be conducted only at contractors’ corporate headquarters locations.

OFCCP provides other resources as well, including links to its best practices with regard to recruiting, hiring, and retaining disabled individuals, which should help contractors anticipate the practices that OFCCP will be looking for during a focused review.

More Detail: On March 8, 2018 OFCCP published its Section 503 webpage.  OFCCP intends the Section 503 webpage “to provide contractors with helpful information and assistance in implementing best practices and increasing the employment of individuals with disabilities[]” and to “serve as a resource center for contractors.”  The Section 503 Webpage can be accessed here.

The Section 503 webpage provides a number of resources, including:

  • Directive 2018-04 (which establishes focused reviews);
  •  A sample Section 503 Focused Review Scheduling Letter so contractors can know what OFCCP will request if they are selected for such a review;
  • Section 503 Focused Reviews Frequently Asked Questions where OFCCP has posted 12 questions and answers about Section 503 Focused Reviews;
  • Section 503 regulations
  • OFCCP’s “Best Practices” for Section 503 compliance;
  • Section 503 resources “providing help, assistance, guidance, support and advice”; and
  • The voluntary self-identification form for individuals with disabilities.
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Photo of Guy Brenner Guy Brenner

Guy Brenner is a partner in the Labor & Employment Law Department and leads the Firm’s Washington, D.C. Labor & Employment practice. He is head of the Government Contractor Compliance Group, co-head of the Counseling, Training & Pay Equity Group and a member…

Guy Brenner is a partner in the Labor & Employment Law Department and leads the Firm’s Washington, D.C. Labor & Employment practice. He is head of the Government Contractor Compliance Group, co-head of the Counseling, Training & Pay Equity Group and a member of the Restrictive Covenants, Trade Secrets & Unfair Competition Group. He has extensive experience representing employers in both single-plaintiff and class action matters, as well as in arbitration proceedings. He also regularly assists federal government contractors with the many special employment-related compliance challenges they face.

Guy represents employers in all aspects of employment and labor litigation and counseling, with an emphasis on non-compete and trade secrets issues, medical and disability leave matters, employee/independent contractor classification issues, and the investigation and litigation of whistleblower claims. He assists employers in negotiating and drafting executive agreements and employee mobility agreements, including non-competition, non-solicit and non-disclosure agreements, and also conducts and supervises internal investigations. He also regularly advises clients on pay equity matters, including privileged pay equity analyses.

Guy advises federal government contractors and subcontractors all aspects of Office of Federal Contract Compliance Programs (OFCCP) regulations and requirements, including preparing affirmative action plans, responding to desk audits, and managing on-site audits.

Guy is a former clerk to Judge Colleen Kollar-Kotelly of the US District Court of the District of Columbia.