Following last year’s trend, the OFCCP’s website indicates that the Agency mailed 1,000 Corporate Scheduling Announcement Letters (CSALs) on February 1, 2018. These letters do not start an audit – only a scheduling letter can do that – but they provide an advance courtesy notice that an organization has been identified and may
receive a scheduling letter.
What does this mean? Organizations that receive CSALs should take this extra time to ensure their affirmative action programs and supporting documents are up to date and fully compliant. Organizations should also review their adverse impact data and pay disparities. These letters have once again been sent directly to the Human Resources Director; therefore, it is important to alert HR representatives to keep watch for these letters and immediately forward them to the proper personnel.
Take note, CSALs are not required by law prior to an audit, which means federal contractors and subcontractors that do not receive a CSAL may still be scheduled for an audit. Whether your organization receives a CSAL or not, all contractors should be on the lookout for scheduling letters, which the OFCCP’s website notes will be issued on March 19, 2018
. As a reminder, once an organization receives a scheduling letter, there are only 30 days to respond with the initial submission.
Shifting from past practices, the OFCCP will be limiting audits in 2018 to:
• No more than 10 establishments of a single contractor placed on the scheduling list;
• No more than four establishments of a single contractor placed on the scheduling list for a single district office; and
• No establishment with an audit closed in the last five years is placed on the scheduling list.
The OFCCP has not indicated which industries will be targeted, as it has done in past years. Polsinelli will continue to monitor developments and will provide updates as they become available. In the event your organization received a CSAL, we recommend you contact Erin Schilling, Mary Kathryn Curry
or your regular Polsinelli counsel immediately.