The Office of Federal Contract Compliance Programs issued a Corporate Scheduling Announcement List, which provides advance notice to contractors that they will be subject to a compliance evaluation.

The 2,000 establishments on the CSAL will receive a Scheduling Letter and Itemized Listing from the OFCCP at some point in the future. Receipt of the Scheduling Letter initiates the audit, and contractors have 30 days to submit their Affirmative Action Plans and supporting data for that establishment.

This latest CSAL includes the following:

• 1,880 establishment-based reviews
• 60 corporate management compliance evaluations, also known as “CMCEs”
• 48 functional affirmative action plan reviews, also known as “FAAPs”
• 12 university reviews

The methodology for creating this CSAL is largely similar to past criteria and is not based on a contractor’s failure to certify compliance in the OFCCP’s Contractor Portal.

In creating this CSAL, the OFCCP prioritized establishments with the highest employee counts, and all U.S establishments with at least 400 employees (or 50 employees for establishments in U.S. territories) were included in the pool from which the list was drawn. The employee counts were derived from 2022 EEO-1 Reports.

The OFCCP further described its selection methodology as follows:

(1) OFCCP selected the establishments and CMCEs with the highest employee counts in each district office; (2) OFCCP did not include more than 10 establishments of any parent company; (3) OFCCP selected 10 CMCE reviews of contractors that did not have more than 10 establishments per OFCCP region; (4) OFCCP selected one hospital for review per OFCCP region; (5) OFCCP selected two colleges/universities for review per OFCCP region; and (6) for FAAP reviews, OFCCP selected eight functional units with the highest employee count in each OFCCP region, but limited its review to a maximum of four FAAP Units of any parent company.

The OFCCP notes that an establishment with fewer than 400 employees at the time of the compliance evaluation “is [still] eligible for a compliance review.”

The agency has FAQs for contractors with questions about the CSAL and the compliance evaluation process. Contractors can advise the OFCCP of an establishment closure or errors in an establishment address by emailing the Scheduling Mailbox at OFCCP-DPO-Scheduling@DOL.gov.

Have questions? Need help?

Constangy is hosting a webinar on Preparing for – and Surviving – an OFCCP Compliance Review on December 12 at 1 p.m. Eastern. For more information and to register, please click here. Otherwise, please contact any member of Constangy’s Affirmative Action/OFCCP Compliance Practice Group for assistance.