No matter how well you plan your Affirmative Action strategy, there may be times when you are involved in an audit by the OFCCP. In fact, in the last few years, these types of audits have become much more common.
In 2005, the Agency implemented its Active Case Management system and began focusing its resources on conducting more audits. As a result, the Agency now subjects EEO submissions to sophisticated statistical analysis and actively pursues what it believes to be instances of systemic discrimination. In fiscal year 2006, OFCCP recovered a record $51.5 million on behalf of 15,000 workers — a 78 percent increase over 2001 recoveries.
Not only has OFCCP become more aggressive in enforcement, it also is focusing on new targets. In the past, the Agency relied on companies to disclose that they were government contractors in their EEO-1 filings. But recently, the Agency’s 2007 Contracts First initiative has given the agency access to the federal procurement database, which has revealed a significant number of additional contractors never before subjected to audits. In April 2007, the agency scheduled compliance reviews of 4,500 employers—many of which were caught off guard. In 2008, another 5,000 contractors were selected for potential audits.
The OFCCP routinely sends out waves of scheduling letters throughout the year. To ensure that contractors remain compliant, the Agency is also including random on-site audit selection as part of its Active Case Management strategy. These random audits involve selecting every twenty-fifth compliance review for a full on-site visit, regardless of what the desk audit reveals.
If you receive a letter - or have become the target of an audit, you will want to get advice or assistance immediately. You only have a limited amount of time to respond once you have received a letter - and how you respond can sometimes seriously affect the outcome.
At Constangy, we have years of experience in assisting our clients with OFCCP audits. We can help to defend you during an audit and create a compliance strategy to defend against future audits. In the decades that we have been assisting clients with Affirmative Action strategies, we have been involved with hundreds of audits across the country. We have the experience to assist you with all stages of the audit process including:
- Before an audit. We can help you with pre-audit planning and conduct a pre-audit review of your plans, procedures and facility to enable you to identify and address potential compliance issues. We can also assist with the development of your AAP prior to submission to the Agency or review your current plan for areas of potential liability.
- During the audit. Our attorneys and specialists will communicate with and handle the Agency both before and during an onsite audit to ensure a professional coordination with and response to the OFCCP.
- Follow-up assistance after the audit. Even if you have handled an audit yourself, we can help with any problem areas discovered during an audit and assist in negotiating a resolution with OFCCP.
- Ongoing requirements. We can help with reporting requirements as a result of an OFCCP audit.
- Audit strategies. Our strategic approach helps you to limit liability and defend future audits.
To find out if your company may be the target of an audit - or to schedule a review of your plans and procedures - please call us at 866-843-9555 or e-mail us at affirmativeaction@constangy.com. We will also be happy to provide you with a comprehensive Audit Checklist and Affirmative Action Toolkit to assist you with compliance and audit strategies.
For additional information about the other labor and employment services we offer, visit www.constangy.com.
