More Scheduling Letters on the horizon

OFCCP seeks approval of additional Scheduling Letters.

The Office of Federal Contract Compliance Programs has requested the Office of Management and Budget to approve two new Scheduling Letters:  one for promotion focused reviews, and another for accommodation focused reviews. The OFCCP has also submitted a proposal for a construction Scheduling Letter.

Focused Review Letters

The OFCCP seeks to add promotion and accommodation reviews to its arsenal of focused reviews, which already includes Section 503 and VEVRAA focused reviews. The proposed letters submitted to OMB are not open for comment and are scaled-down versions of the traditional Scheduling Letter. 

Both the promotion focused review letter and the accommodation focused review letter request the contractor to submit Affirmative Action Programs developed pursuant to Executive Order 11246, Section 503 of the Rehabilitation Act, and the Vietnam Era Veterans’ Readjustment Assistance Act. The itemized listings for these proposed letters include different components of the itemized listing for a regular compliance evaluation. 

Here is a comparison of which components will be required for the different reviews:

Itemized Listing for Standard Compliance Evaluation  Promotion FR Accommodation FR
1 - EO 11246 - Organizational display/workforce analysis X  
2 - EO 11246 - Job group analysis X  
3 - EO 11246 - Percentage of minority & female incumbents X  
4 - EO 11246 - Determination of minority & female availability X  
5 - EO 11246 - Comparison of incumbency to availability X  
6 - EO 11246 - Placement goals for minorities & females X  
7 - Section 503 - Evaluation of outreach and recruitment efforts    
8 - Section 503 - Audit & reporting system    
9 - Section 503 - Data collection analysis    
10 - Section 503 - Utilization analysis for individuals with disability   X
11 - VEVRAA - Evaluation of outreach and recruitment efforts    
12 - VEVRAA - Audit & reporting system    
13 - VEVRAA - Data collection analysis    
14 - VEVRAA - Hiring benchmark for protected veterans    
15 - Last 3 EEO-1 Reports  X  
16 - Collective bargaining agreements X X
17 - Prior year goals for minorities & females X X
18 - Employment activity (applicants, hires, promotions, terminations) X X
19 - Compensation data for all employees X X
20 - Reasonable accommodation policies and requests for accommodation   X
21 - Assessment of personnel processes   X
22 - Assessment of physical & mental qualifications   X

The OFCCP will have the authority to use these Scheduling Letters after receiving approval from OMB, and the agency's most recent scheduling list already includes both promotion and accommodation focused reviews.

Proposed Construction Scheduling Letter

The OFCCP has also submitted to the OMB a proposed Scheduling Letter for construction contractors. If implemented, the OFCCP would no longer automatically conduct on-site reviews of construction contractors; rather, the process would proceed as it does for supply and service contractors, commencing with a desk audit and resulting in an on-site only if the agency uncovers indicators of potential discrimination or other areas of noncompliance.

The proposal requests approval for the OFCCP to collect the following information and documents from construction contractors during a compliance evaluation:

For Executive Order 11246

  • List of construction projects in the geographic area under review for the past 12 months
  • Detailed payroll data on construction employees for the prior 12 months
  • Employment activity data (applicants, hires, promotions, recalls, and terminations) for construction positions for the prior 12 months
  • List of federal and federally assisted construction subcontracts awarded in past 12 months
  • EEO policy statement
  • Notices to contractors regarding EEO obligations
  • Minority and female recruitment sources
  • Notices to minority, female, and communication organizations regarding employment opportunities
  • Communications with unions and training programs regarding EEO policy
  • Collective bargaining agreements
  • Documentation that EEO policy was reviewed with managers and employees
  • Job advertisements
  • Solicitations of offers for subcontracts from minority and female contractors and suppliers
  • Training programs
  • EEO-1 Report
  • Reasonable accommodation policies and requests received for accommodations relating to pregnancy, childbirth, or related medical conditions, and for religious observances and practices

 For Section 503 & VEVRAA

  • Current AAPs
  • Communications with unions and community organizations regarding EEO policy
  • Assessment of personnel processes
  • Assessment of physical and mental qualifications
  • Evaluation of the effectiveness of outreach and recruitment efforts
  • Audit and reporting system
  • Data collection analysis
  • Utilization of individuals with disability
  • Hiring benchmark for protected veterans
  • Reasonable accommodation policies for individuals with a disability and disabled veterans and information regarding requests for accommodations

The comment period for the proposed construction Scheduling Letter is open until February 22. Construction contractors should review the proposal and voice any concerns, objections, or suggestions to the OMB before that deadline. 

Our Affirmative Action Alert blog focuses on the latest news and topics affecting federal contractors and subcontractors and their compliance with affirmative action and other employment-related laws and regulations.  With breaking news, quick updates, and headlines on the Office of Federal Contract Compliance Programs and affirmative action issues, this blog is a great resource for in-house counsel, HR managers, and other compliance professionals.  Our blog is a companion to Constangy’s Affirmative Action newsletters, which address significant legislative, regulatory, and administrative proposals and changes.  Subscribe to both to stay current on these important topics!

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