Recent OFCCP Directive and Regulatory Developments

Recent OFCCP Directive and Regulatory Developments

2:00 p.m. - 3:00 p.m. (ET)

We will address (1) Directive 2022-02 (“Effective Compliance Evaluations and Enforcement”) and (2) the OFCCP's notice of proposed rulemaking, which is aimed at rescinding many of the due process steps that the Trump/Leen administration enacted.

  • Among other topics, the Directive places employers on notice that they can be scheduled for an audit immediately upon release of the Corporate Scheduling Announcement List (CSAL), that the 45-day waiting period between the release of the audit list and the sending out of scheduling notices is eliminated, and that OFCCP no longer will be granting extensions for employers to submit their materials in an audit, except in very narrow circumstances.
  • The regulations enacted during the Trump/Leen administration gave employers advance notice any time the OFCCP was going to allege discrimination arising out of a compliance evaluation and required OFCCP to present evidence in support of its allegations. In proposing to rescind most of the regulation, OFCCP will make it significantly more difficult for employers to know what evidence OFCCP relies on when it alleges discrimination in compliance evaluations.

Because OFCCP is shifting its compliance mindset, employers need to shift their preparation initiatives before the next CSAL (audit heads-up list) is released and before the organization is scheduled for an audit. During compliance evaluations, if your data reveals indicators of discrimination in hiring, promotion, termination, or pay during a desk audit, OFCCP has the right to ask for information going two years back from the date of the scheduling letter. Decisions that organizations are making now in 2022 will have reverberations into 2024 and beyond. We also intend to set aside time at the end of our presentation to address any lingering attendee questions regarding the OFCCP's Contractor Portal.


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