At desk audit, COs check the electronic CMS and the EIS to obtain a list of prior compliance evaluations of the establishment and identify any issues found in the previous OFCCP reviews. This information must be updated and reviewed when determining what to include in an On-Site Plan. As an example, if OFCCP obtained a CA in a prior review, the CO must use the on-site visit to confirm that the contractor took and maintained the required corrective actions. If the purpose of the on-site review is to address questions that arose as part of the monitoring of a CA, the CO must develop an Investigative Plan that addresses those specific questions.
If COs do not have current information regarding discrimination complaints filed against the contractor with other agencies, they must contact the EEOC and the appropriate state or local FEP agencies to ascertain the existence, nature, scope and status of any complaints. COs must include the replies or information obtained from these agencies in the case file and incorporate them, as appropriate, into the On-Site Plan.88 In addition, COs should check the DOL’s Enforcement Database89 or reach out to other DOL agencies, such as the WHD or OSHA, for information on the compliance history of the establishment.
88. See Letters L-2 for a sample letter requesting complaint data from EEOC and state and local FEPS.
89. See https://enforcedata.dol.gov/ (last accessed September 10, 2019). FCCM 1B05 and 1B06 also include discussions on gathering information from the EEOC and other agencies.