A compliance check is a determination of whether the contractor has maintained records consistent with Executive Order 11246, Section 503 of the Rehabilitation Act (Section 503), and the Vietnam Era Veterans’ Readjustment Assistance Act (VEVRAA). Construction compliance checks include a review of personnel records that list construction trade employment activity, payroll records, job advertisements and postings, accommodation requests received, and, as applicable, copies of current Section 503 and VEVRAA written affirmative action programs.

  1. What is a compliance check?
  2. Does a compliance check include a mandatory on-site?
  3. Why does OFCCP have two separate compliance check scheduling letters for construction contractors?
  4. The compliance check scheduling letter requests examples of certain records. How many “examples” is a contractor required to provide?
  5. What types of accommodation request records are federal contractors required to maintain?

What is a compliance check?

A compliance check is a type of compliance evaluation in which OFCCP seeks to determine whether the contractor has maintained complete and accurate records as required by the regulations at 41 CFR 60-1.12, 41 CFR 60-300.80, and 41 CFR 60-741.80. For purposes of the construction compliance check, OFCCP has elected to request examples of personnel records that list construction trade employment activity, payroll records, job advertisements and postings, accommodation requests received, and, as applicable, copies of current Section 503 and VEVRAA written affirmative action programs.

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Does a compliance check include a mandatory on-site?

No, the contractor has the option to provide the records either on-site or off-site. Compliance Officers should contact the contractor within five (5) business days of receipt of the compliance check scheduling letter to determine whether the requested records will be provided on-site or off-site.

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Why does OFCCP have two separate compliance check scheduling letters for construction contractors?

Construction contractors and subcontractors whose sole contract coverage comes from federally assisted construction contracts are not covered by Section 503 or VEVRAA; by contrast, construction contractors and subcontractors with direct federal contracts are covered by Section 503 and VEVRAA. Consequently, OFCCP developed two separate compliance check letters: (1) one for contractors that have a direct federal construction contract that meets the jurisdiction threshold requirements under Executive Order 11246, Section 503, and VEVRAA, and (2) another for contractors that have only a federally assisted construction contract that meets the jurisdiction threshold requirements under Executive Order 11246.

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The compliance check scheduling letter requests examples of certain records. How many “examples” is a contractor required to provide?

Contractors are not required to submit a specific number of examples during a construction compliance check to be found in compliance. However, contractors should provide enough examples to demonstrate that they are maintaining the records in accordance with OFCCP’s record retention and recordkeeping regulations. For the following record types, OFCCP recommends the following:

  • Construction trade employment activity: One month of trade worker employment activity records during the review period, with up to ten examples of each type of activity (e.g., applicant flow, hires, promotions, terminations), depending on the size of the contractor.
  • Payroll records: One full pay period of payroll records for all trade employees working on all direct federal, federally assisted, and nonfederal projects in the geographic area under review.
  • Job advertisements and postings: One job advertisement and one posting to include the contractor’s EEO tagline.
  • Accommodation requests received: One example of each type of accommodation request received during the review period.

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What types of accommodation request records are federal contractors required to maintain?

All covered construction contractors are required to maintain records of accommodation requests related to pregnancy, childbirth, or related medical conditions (41 CFR 60-20.5(c)) and religious practices and observances (41 CFR 60-1.12(a), 60-50.3). In addition, direct federal construction contractors are required to maintain records of accommodation requests related to disabilities (41 CFR 60-741.21(a)(6), 60-741.44(d), 60-741.80(a)), including requests from disabled veterans (41 CFR 60-300.21(f), 60-300.44(d), 60-300.80(a)).

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The contents of this document do not have the force and effect of law and are not meant to bind the public in any way. This document is intended only to provide clarity to the public regarding existing requirements under the law or agency policies.

Last updated on December 3, 2020