OFCCP proposes significant revisions to scheduling letter

On November 21, 2022, the Office of Federal Contract Compliance Programs (OFCCP) published a proposal to substantially revise its scheduling letter and itemized listing. The scheduling letter is used to commence an OFCCP desk audit and requires a response to the detailed data requests included in the letter within 30 days. Comments on the proposed changes are due by January 20, 2023. The OFCCP’s revisions seek to significantly broaden the scope of data required to be produced during a compliance evaluation and may include requirements that exceed the agency’s regulatory authority.

Major scheduling letter change
The major change to the scheduling letter would require higher education and “contractors with campus-like setting” to provide the OFCCP with all affirmative action programs (AAPs) and supporting information developed “for all campuses, schools, programs, buildings, departments, or other parts of your institution, or company located in a single city and state.” The proposed requirement would allow the OFCCP to use the scheduling letter to circumvent the regulations of agency audit employer’s individual establishments.

Major itemized listing changes
The proposed changes in the itemized listing would substantially increase the documentation contractors must provide to the OFCCP at the desk audits stage before determining whether there are any indicators requiring the submission of such documentation. This includes: