The process of undergoing an OFCCP (Office of Federal Contract Compliance Programs) review is a meticulous one that demands precise preparation and an in-depth understanding of regulatory requirements. This journey should start years in advance of an audit since a lot is riding on past execution of action plans that address your AA goals. Otherwise, the definition of success will be measured by how well you can mitigate the inevitable findings, violations, and remedies.
Below is an elaborated checklist aimed at guiding your organization to a successful outcome during an OFCCP compliance review:
- Audit Preparation:
-
- Acquaint yourself with the OFCCP audit framework, understanding the scope and methodologies employed.
- Update and organize all necessary documentation such as Equal Employment Opportunity (EEO) data, personnel activity records, and compensation data, ensuring they are easily accessible.
- Data Structuring:
-
- Maintain a meticulously organized and comprehensive record of all employment decisions, HR policies, and procedural frameworks.
- Ensure that data retention practices comply with OFCCP regulations, aiding in a streamlined review process.
- Self-Evaluation:
-
- Conduct systematic self-audits to identify potential areas of non-compliance and implement corrective measures well in advance of the OFCCP review.
- Analyze past compliance performances to preemptively address areas of concern.
- Engagement of External Consultant:
-
- Retain an external HR consultant with a specialized focus on OFCCP compliance to validate your internal compliance activities.
- Leverage their expertise to gain insights into potential areas of improvement and adherence to the OFCCP guidelines.
- Effective Communication and Familiarization:
-
- Organize training sessions for key personnel on OFCCP compliance requirements, ensuring they are well-versed with their roles and responsibilities during the review process.
- Assign a dedicated team or individual to manage communications with the OFCCP, ensuring consistency and accuracy in information relay.
- Robust AAP (Affirmative Action Program) Formation:
-
- Formulate, implement, and maintain a thorough AAP as per OFCCP guidelines.
- Regularly review and update the AAP to reflect organizational changes and ensure ongoing compliance.
- Documented Good Faith Efforts:
-
- Document all efforts undertaken to comply with the OFCCP’s regulations and to remedy any identified deficiencies.
- Maintain a record of outreach and recruitment efforts aimed at promoting diversity and inclusion within your workforce.
- Compensation Analyses:
-
- Perform statistical analyses by pay groups to identify any pay gaps in the protected groups which could be attributed to race/gender.
- Proactively work to close these wage gaps through effective salary administration strategies.
- Diversity and Inclusion Initiatives
-
- Implement and document robust diversity and inclusion initiatives to demonstrate a genuine commitment to equal employment opportunity.
- Evaluate the effectiveness of these initiatives and adapt strategies as necessary to ensure continued improvement.
- Post-Review Action Blueprint:
-
- Following the review, meticulously analyze the findings and develop a comprehensive action plan to address identified areas of non-compliance and bolster future compliance adherence.
- Ensure that lessons learned from the review are integrated into your organization’s compliance strategy moving forward.
This expanded checklist is engineered to provide a structured pathway towards achieving a successful outcome during an OFCCP compliance review. The engagement of an external consultant and maintaining a transparent communication channel with the OFCCP are critical steps in underscoring your organization’s dedication to compliance. Our team, which includes a former OFCCP auditor is at your disposal to provide further education or assistance as you traverse through the OFCCP compliance review landscape.
