OFCCP published a new Corporate Scheduling Announcement List (CSAL) of 2,250 Supply & Service establishments, and a new CSAL of 200 construction contractors.
The CSALs provide contractors a minimum 45-day courtesy notification before OFCCP begins sending its OMB-approved scheduling letters. After receiving the OMB-approved scheduling letter, contractors will have the standard 30 days to submit their Affirmative Action Programs (AAPs). As a result, all contractors on the current lists are receiving a minimum of 75 days advance notice to have the AAPs ready for submission. OFCCP will also grant a one-time 30-day extension for supporting data where AAPs are provided timely as indicated in OFCCP’s FAQ on requesting an extension for submission of AAPs and supporting data, which should be reviewed for more information on this topic.
This data collection is approved by OMB under the Paperwork Reduction Act. OFCCP limited the Supply & Service scheduling list to no more than 10 establishments of any parent company.
No establishment that concluded a review or concluded progress report monitoring resulting from a conciliation agreement or consent decree, within the last two years, is included on the scheduling lists.
Corporate Scheduling Announcement List - Questions and Answers
- What is OFCCP’s Corporate Scheduling Announcement List?
- How is the CSAL different from a Scheduling Letter?
- How does OFCCP determine the size and frequency of its scheduling list?
- Is it possible for an establishment to undergo a review during the scheduling cycle without receiving a CSAL?
- Where can I find more information about Focused Reviews?
- What is a Compliance Check?
- Is there a regulatory or statutory limit on the number of establishments that can be scheduled per contractor?
- Why do scheduling lists have different limits on the number of establishments per parent company?
- How can a contractor obtain more information about the compliance evaluation process?
- Why does OFCCP make the CSAL list available in its FOIA Library?
- What can I do if the establishment address is wrong, the facility is closed or the establishment was scheduled in error?
- What is the difference between closure and relocation of an establishment?
- What if an establishment appears on the CSAL but is exempt from review pursuant to an approved Early Resolution Conciliation Agreement (ERCA)?
- What is covered in a University Review?
- Will HIRE Vets Medallion Winners receive an exemption from the FY 2019 VEVRAA Focused Reviews Scheduling List?
- Will a VEVRAA focused review include an on-site review?
- The CSAL includes construction contractors scheduled for compliance checks. Will OFCCP schedule construction contractors for compliance reviews?
- How are CMCE establishments selected for a compliance evaluation?
- Can a corporate headquarters be scheduled for an establishment evaluation instead of a CMCE review?
What is OFCCP’s Corporate Scheduling Announcement List?
The Corporate Scheduling Announcement List (CSAL) is a courtesy notification to an establishment selected to undergo a Compliance Review (Establishment Review), Corporate Management Compliance Evaluation (CMCE), Functional Affirmative Action Program (FAAP) Review, Section 503 Focused Review, VEVRAA Focused Review, Accommodations Focused Review, Promotions Focused Review, or Compliance Check. The review will start once the establishment receives OFCCP’s Office of Management and Budget (OMB)-approved scheduling letter. The purposes of the CSAL is to:
- Provide the contractor establishment’s internal EEO staff at least 45-days advance notice to prepare for the compliance review; and
- Encourage contractors to take advantage of OFCCP compliance assistance offerings.
How is the CSAL different from a Scheduling Letter?
The CSAL is not required by law. It is a courtesy notification to a company establishment through which OFCCP provides resources and assistance through the district and regional offices.
The Scheduling Letter is the OMB-approved letter sent to an establishment to start the compliance evaluation process and request submission of the contractor’s affirmative action program(s) and the supporting data. The Scheduling Letter is used to notify a particular contractor establishment that it has been scheduled for a compliance evaluation.
How does OFCCP determine the size and frequency of its scheduling list?
The size and frequency of each scheduling release depend on the agency’s workload and resources. Scheduling lists in prior years have ranged from 2,500 to 5,000 establishments.
Is it possible for an establishment to undergo a review during the scheduling cycle without receiving a CSAL?
Yes. The list of establishments is not all-inclusive. For example, an establishment of a contractor not on the CSAL may be selected for evaluation because of a complaint, contract award notice, or as a result of conciliation agreement or consent decree progress report monitoring.
Where can I find more information about Focused Reviews?
Detailed information about focused reviews is available on the OFCCP website at www.dol.gov/agencies/ofccp/section-503/focused-reviews for Section 503 and www.dol.gov/agencies/ofccp/vevraa/focused-reviews for VEVRAA. Information about Accommodation Focused Reviews and Promotion Focused Reviews will be available before those reviews are scheduled.
What is a Compliance Check?
A Compliance Check determines whether a contractor maintains records consistent with their obligations under OFCCP’s laws and has correctly certified in the U.S. General Services Administration’s (GSA) System for Award Management database that it has established Affirmative Action Programs (AAP) at each establishment. Depending on the certification and records review, the agency may convert the compliance check into a compliance review of the establishment.
Is there a regulatory or statutory limit on the number of establishments that can be scheduled per contractor?
No. There is no legal limitation on the number of establishments per contractor that OFCCP can schedule for a compliance review.
OFCCP may set limits on the number of establishments per contractor and on the types of reviews based on factors that include agency resources, and a desire to conduct systemic reviews on a large and diverse universe of contactors.
Why do scheduling lists have different limits on the number of establishments per parent company?
Generally speaking, the size of the scheduling list determines the maximum number of establishments of a single parent company that can be included in a scheduling list. Because the size of scheduling lists vary, so does the limit on establishments of a single parent company. Historically, OFCCP scheduling lists have set a 25 establishment limit per parent company, although this has varied. In this most recent list, which prioritizes scheduling at least one establishment from more parent companies, OFCCP has set a limit of five compliance reviews per parent company. Please note that the parent company may have additional establishments scheduled for focused reviews and compliance checks.
How can a contractor obtain more information about the compliance evaluation process?
Questions about the compliance evaluation process should be directed to your district or regional OFCCP office. Addresses and contact information for the OFCCP Help Desk are available at https://www.dol.gov/agencies/ofccp/contact/regional-offices.
Why does OFCCP make the CSAL list available in its FOIA Library?
The Freedom of Information Act (FOIA) (5 U.S.C. § 552) requires OFCCP to post the CSAL in an accessible electronic format. It requires federal agencies to "make available for public inspection in an electronic format" records "that have been requested 3 or more times" and are "likely to become the subject of subsequent requests." The CSAL is a frequently requested federal record and is not covered by any FOIA exemptions or exclusions.
What can I do if the establishment address is wrong, the facility is closed or the establishment was scheduled in error?
OFCCP collects contract data from the Federal Procurement Data System-New Generation and establishment-level data from the Employer Information Report (EEO-1) filings. Sometimes, this information is old and needs to be updated. If your establishment address is incorrect or you have a different mailing address, you can send address corrections to the Scheduling Mailbox at OFCCP-DPO-Scheduling@DOL.gov.
If you believe the facility should not be selected for review, is closed or has a different parent company due to acquisition or merger, you can send the email to the Scheduling Mailbox explaining your reason and any documentation to support your claim. OFCCP responds to these inquiries promptly.
What is the difference between closure and relocation of an establishment?
An establishment closure means that the facility is shut down and all employees are laid off or moved to different locations. On the other hand, a relocation means that the entire establishment moved to a different location with most employees intact. OFCCP verifies closures and relocations through multiple sources including public records, news bulletins and public statements of company and public officials.
What if an establishment appears on the CSAL but is exempt from review pursuant to an approved Early Resolution Conciliation Agreement (ERCA)?
If an establishment that appears on the CSAL is exempted from review pursuant to an approved ERCA, it will not be sent a scheduling letter, but remains on the list to reflect neutral scheduling. The parent company and included establishments covered by the exemption included in the approved ERCA will continue to comply with the terms of the ERCA.
If you believe the facility should not be selected for review because it has an exemption from being reviewed under an ERCA, you can send an email to the OFCCP Scheduling Mailbox at OFCCP-DPO-Scheduling@DOL.gov. OFCCP responds to these inquiries promptly.
What is covered in a University Review?
University reviews include the entire university campus located in one city. University reviews of one campus will not include the university’s other campuses in another city, medical school, and/or its affiliated hospital. Further, these reviews will not include university extension programs and services that are located outside of the main campus. If a university has multiple campuses in different cities, each campus is treated as a separate establishment of the university. Similarly, medical schools and hospitals, if owned by the university, are treated as separate establishments.
Will HIRE Vets Medallion Winners receive an exemption from the FY 2019 VEVRAA Focused Reviews Scheduling List?
Yes, the 2018 HIRE Vets Medallion winners were excluded from the 2019 VEVRAA Focused Reviews Scheduling List. If a 2019 HIRE Vets Medallion Winner (federal contractor) is on the list, OFCCP will proactively remove it from the list. You may confirm your removal by sending an e-mail to the Scheduling Mailbox at: OFCCP-DPO-Scheduling@DOL.gov. To confirm if you are a HIRE Vets Medallion winner, please visit the U.S. Department of Labor VETS website at https://blog.dol.gov/2019/02/27/3-reasons-employers-should-apply-for-the-hirevets-medallion-award.
Will a VEVRAA focused review include an on-site review?
Yes. OFCCP will conduct virtual on-site reviews for VEVRAA focused reviews, with the possibility for physical on-site reviews in the future. OFCCP has successfully conducted virtual on-site reviews for Section 503 focused reviews due to the pandemic.
The CSAL includes construction contractors scheduled for compliance checks. Will OFCCP schedule construction contractors for compliance reviews?
Yes. OFCCP incorporated construction contractors into its FY 2020 CSAL. This is the first time construction contractors were included in the list. These contractors are identified for construction compliance checks. Future scheduling lists will include construction contractors selected for construction compliance checks and compliance reviews.
How are CMCE establishments selected for a compliance evaluation?
CMCE reviews are scheduled for the corporate headquarters. The number of CMCE reviews included in a scheduling list varies from list to list and depends on the current inventory of cases and available resources. OFCCP identifies headquarter locations through Duns & Bradstreet (D&B) or through an EEO‐1 filing of the contractor with the Equal Employment Opportunity Commission (EEOC).
Can a corporate headquarters be scheduled for an establishment evaluation instead of a CMCE review?
Yes. There is no legal prohibition to scheduling a corporate headquarter for an establishment level compliance evaluation or another type of review. For example, OFCCP has designated corporate headquarters as Section 503 Focused Reviews in the FY 2019 scheduling list. Corporate headquarters can also be designated for various other Focused Reviews such as VEVRAA Focused Reviews, Executive Order 11246 Focused Review or a Compliance Check.
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.