September 25, 2007

OFCCP ANNOUNCES RELEASE OF FIRST FY 2008 SCHEDULING LIST OF 2,500 CONTRACTORS

by Patricia A. Schaeffer, Vice President-Regulatory Affairs

The OFCCP has just announced that beginning October 1, 2007, regional offices may schedule compliance evaluations of non-construction Federal contractors from the first FY 2008 scheduling list.

The new scheduling list includes about 2,500 facilities that have either self-identified as being an establishment of a Federal contractor or have been identified as one by OFCCP. The list was generated through the Federal Contractor Selection System (FCSS), which uses multiple information sources and analytical procedures to select contractors for review, including a mathematical model that ranks Federal contractor establishments based on an indicator of potential workplace discrimination.

Excluded from the list are establishments based on a variety of factors, including those that are currently undergoing a compliance evaluation, were evaluated within the last 24 months, or have received the Secretary of Labor’s Opportunity Award or an Exemplary Voluntary Efforts Award within the last three years. Also, Federal contractor establishments covered by Functional Affirmative Action Program (FAAP) agreements were excluded and will be selected for evaluation through a separate process.

OFCCP has mailed a Corporate Scheduling Announcement Letter (CSAL) to the Chief Executive Officer (or designated point of contact) of each parent company with more than one establishment listed for the scheduling of a compliance evaluation this fiscal year.

OFCCP points out that not all establishments identified in the attachment to the CSAL may be scheduled for an evaluation. It is also possible that establishments other than those specifically identified in the CSAL may be evaluated by OFCCP for a variety of reasons, such as subsequent scheduling releases, contract award notices, directed reviews, individual complaints, or the conciliation agreement monitoring process.

OFCCP has limited the number of new compliance evaluations identified through the scheduling process to 25 new evaluations during a fiscal year for contractors with multiple establishments. Note that compliance evaluations scheduled as a result of contract award notices, directed reviews, conciliation agreement monitoring, or credible reports of an alleged violation of law or regulation are not counted by OFCCP towards this limit.

OFCCP has posted FAQs on their website for the Corporate Scheduling Announcement Letter and the Federal Contractor Selection System.

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