OFCCP's New Burdensome Audit Scheduling Letter Approved

On August 25, 2023, OFCCP announced that it received approval from the Office of Management and Budget (OMB) for its new Scheduling Letter and Itemized Listing, significantly expanding the information and data federal contractors must submit to OFCCP at the outset of audits. These changes underscore OFCCP's new aggressive approach to audits and provide OFCCP a greater opportunity to identify issues for investigation during audits.

Given the significant additional information contractors will need to provide at the beginning of audits and OFCCP's refusal to grant extensions to the 30-day deadline for responding to the Scheduling Letter (except in "extraordinary circumstances"), contractors should immediately start reviewing their affirmative action practices and audit strategies to prepare for the new Scheduling Letter and Itemized Listing. The updated Scheduling Letter and Itemized Listing will apply to all supply and service compliance evaluations going forward.