As part of the Department of Labor, the Office of Federal Contract Compliance Programs (OFCCP) is responsible for making sure that all the federal contractors comply with the non-discrimination laws and regulations. It monitors that you are complying with the Equal Employment Opportunity (EEO) through evaluations. During these evaluations, they conduct an audit and investigate individual misconduct complaints. These compliance evaluations are conducted to determine if you have nondiscriminatory employment and hiring practices, whether you have an affirmative action plan to provide equal employment opportunities to every applicant, and whether or not you follow proper guidelines while making employment decisions.
Read on to learn the different types of OFCCP compliance evaluations that you might have to undergo:
1. Compliance review
Compliance review represents most of the audit activity conducted by the OFCCP. There are three phases of this review—desk audit, on-site review, and off-site analysis. In the first stage, the desk audit, an officer will assess your employment practices and policies, along with the results attained through your affirmative action efforts. In case the officer is unable to determine whether or not you are in compliance or assess the scope of possible violations, they might move on to the next phase, on-site review.
In this phase, they will visit your facilities to dig deeper and make sure that you are implementing the policies. During this stage, they will inspect your premise, interview employees, confer with executives, and more. If they are still not able to determine whether or not you are compliant, the evaluation will move on to the last phase, off-site analysis. This phase involves reviewing the results of the previous two phases. Until they are able to reach a conclusion, they will continue dialogue with you.
2. Focused review
There are two focused reviews conducted by the OFCCP—Section 503 and VEVRAA
Section 503 is a law that prohibits all federal contractors from discriminating against applicants and employees with disabilities. As per this law, you are required to take affirmative action for these individuals. During this review, the OFCCP officer will interview your managers who are responsible for EEO and the employees affected by these. They will also check your accommodation request handling, hiring, and compensation data.
The VEVRAA, or the Vietnam Era Veterans’ Readjustment Assistance Act, focuses on veterans. Unlike Section 503, it doesn’t have an automatic on-site component. However, the rest works the same.
3. Corporate Management Compliance Evaluation
Also called the ‘glass ceiling’ audit, the Corporate Management Compliance Evaluation (CMCE) considers how people move into senior roles in your organization. It focuses on the advancement opportunities of your employees. For this, the OFCCP officer will pay attention to the employment process that affects the promotion into mid- and senior-level management positions in your company.
4. Functional Affirmative Action Program Evaluation (FAAP)
These work similarly to the regular compliance reviews. However, it only considers employees who have received approval for the Functional Affirmative Action Program agreement with the OFCCP.
Almost all the investigations are finished within 2 months. At any stage of the process, the evaluation might be finished. In case they find a violation during these evaluations, you will be invited to resolve the issue.
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