Preparing for an OFCCP Audit
OFCCP compliance requires that job vacancy announcements reach state employment agencies, and in turn reach qualified applicants representing minorities, veterans, women and persons with disabilities. As outlined by the Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP), Federal contractors need to prove that they are actively working with local state employment agencies, posting jobs and keeping records of applicants relative to minority or veteran status.
As part of the OFFCP mandate, you may be required to participate in an audit to evaluate your compliance with affirmative action regulations. During an audit, you will be required to submit documentation pertaining to your affirmative action outreach practices. Preparation is key and there are steps you can take in advance to make the process easier. Here are some guidelines to help you prepare.
Understand the mandatory job listing and reporting requirements. As a Federal contractor you need to be prepared in proving that you are actively working with state workforce agencies, posting jobs and keeping records of applicants. OFCCP job listing requirements mandate that all jobs (except for executive level positions, positions lasting 3 days or less, or positions that are filled internally) be distributed and made available to all qualified individuals, regardless of minority status. This includes following procedures to ensure that state employment agencies are informed of job vacancies, so that these postings reach potential employees.
Have data readily available. Preparing hiring data is a core component of the compliance process. It is imperative that employers proactively maintain data on job postings and have this available for submission should they be required to do so during an audit, and on an annual basis. An effective avenue is to work with job boards that focus on OFCCP compliance as they can assist in maintenance and submission of reports as required. You should also be diligent in maintaining all internal records as it relates to hiring, including compensation data, personnel files, and other policies and procedures.
Be ready – at any time – to submit required documentation. If selected for an audit, you will receive a notification or scheduling letter and will have 30 days to provide the agency with documentation. Once you submit your documentation, the office will analyze the data and make subsequent requests for additional information, as necessary. You will then need to respond to all requests in a timely manner and be prepared to address any follow–up questions should they arise.
As the agency conducts their desk audit, they will determine if an on–site audit review is required. This assessment is based on how you respond to their initial request, including the delivery of all the itemized listing of materials that has been outlined in the scheduling letter.
For more information on OFCCP compliance, or to list job postings on our job exchange, visit our OFCCP compliance site.