As we previously reported, OFCCP is seeking reauthorization of a revised Compliance Review Scheduling Letter (“Scheduling Letter”) and Itemized Listing. The Scheduling Letter and Itemized are issued by OFCCP at the outset of an audit and request multiple categories of documents from federal contractors selected for audit. A detailed discussion of the originally proposed changes are available here.
After giving the public an opportunity to comment on the proposed changes, on April 17, 2023, the Office of Management and Budget (OMB) published a revised version of the proposed Scheduling Letter and Itemized Listing.
OFCCP’s only substantive proposed revision to the Scheduling Letter is to allow contractors to submit their responses through the Contractor Portal, in addition to the existing email, electronic submission, and physical mail options.
For the Itemized Listing, substantive proposed changes to the OFCCP’s original revisions include:
- Item 7. OFCCP’s initial proposal instructed contractors to provide a “list” “identifying all action-oriented programs designed to correct any problem areas,” the modified item would require contractors to provide “all documentation demonstrating the development and execution of action-oriented programs designed to correct any problem areas identified pursuant to 41 CFR § 60-2.17(b).”
- Item 18 (formerly proposed Item 20). Under the new proposed Itemized Listing, contractors would no longer be required to identify if each promotion is competitive or non-competitive, but may choose to do so. The revised proposal also removes the requirement to “include the previous supervisor, current supervisor, previous compensation, current compensation, department, job group, and job title from which and to which the person(s) was promoted.” Additionally, the updated proposal would no longer require contractors to provide a breakdown of employee terminations by reason for termination.
The public has until May 17, 2023, to submit comments on the proposed changes.