The OFCCP has published a “supplemental” 2019 Corporate Scheduling Announcement List (CSAL) of federal contractor establishments that have been selected, but not yet scheduled for an audit. Historically, it has been typical for the agency to generate two audit lists per year, often with a larger “main” list from which the agency works the majority of the year, followed by a smaller list to keep district offices busy as they move through their respective caseloads.
The agency used to mail physical letters prior to the initiation of an audit called, “Corporate Scheduling Announcement Letters.” When word broke that the agency had generated a new audit list, contractors could obtain a list of their own establishments on that list by writing to the OFCCP. The agency now simply publishes the entire list online in what they call the “FOIA Library.”
Back in March of this year, the OFCCP published the “main” CSAL list consisting of 3,500 contractor establishments. The published CSAL lists now include the type of audit for which each establishment has been selected, be it a full compliance review, a corporate management compliance evaluation, a Section 503 (disability) focused review, or a compliance check. Just in time for Veterans’ Day, the 2019 supplemental list adds VEVRAA focused reviews to that list.
In fact, the 2019 supplemental list contains 500 contractor establishments, all of which have been selected for a VEVRAA focused review. A VEVRAA focused review will exclusively examine compliance with the OFCCP’s equal employment opportunity and affirmative action requirements for protected veterans under Section 4212 of the Vietnam Era Veterans’ Readjustment Assistance Act (VEVRAA).
The agency currently has a policy of publishing the CSAL list at least 45 days before mailing any Scheduling Letters, initiating the actual audit. Contractors are encouraged to use that time to prepare and minimize delays when an actual audit begins.
The OFCCP has also created a new VEVRAA focused review “landing page” with links to contractor resources meant to assist with preparing for such a review. Of note, that page contains links to “frequently asked questions” and “best practices” that are likely roadmaps to what OFCCP compliance officers will be asking about in VEVRAA focused reviews.
Like Section 503 focused reviews regarding disability AAPs, the agency is likely to be interested in a variety of “best practices” that may not actually be required by the regulations. In such circumstances, it is okay to have a more open conversation with the agency and request technical assistance as failure to meet any such practice is not a violation.
In the end analysis, the agency is trying to get a sense of whether and to what extent the veteran AAP is a “check the box exercise” for the contractor or something more. Here, effort and desire should count just as much as success. Disappointingly, the OFCCP has yet to receive approval to use a revised VEVRAA focused review scheduling letter, though approval could come in the 45 days before the agency starts sending them out. In the meantime, if you want to start preparing for your VEVRAA focused review, here is a link to download the current scheduling letter.
