Ask the Experts: Compliance Evaluations
Question: Our company is currently in the midst of a compliance evaluation with the OFCCP. Our auditor has asked for several pieces of documentation in support of our AAP for Veterans and Individuals with Disabilities, including copies of our most recent VETS-100 form. One of our other sites was audited last year, and we were not asked to provide this documentation. Is this part of a new initiative or is this standard practice?
Answer: Documentation of implementation activities, including good faith efforts, has always been a key indicator for the OFCCP of a contractor’s compliance with the regulations supporting the affirmative action plans for individuals with disabilities and covered veterans. However, it does appear that more attention is being paid to this portion of the AAP than in recent years. In light of the adoption of 41 CFR 60-300 and with the unemployment rate for returning armed forces service men and women from the Middle East being 10.4%, compared to 4.6% overall, it isn’t too surprising.
Examples of the documents that are being requested during OFCCP reviews include:
- Employment application
- Self identification form(s)
- Contract / purchase order with EO Clause
- VETS-100 form
- Notice to employees and applicants of the location and time when the AAP may be reviewed
- EEO policy
- Job advertisements
- Written, faxed or e-mailed notification that opportunities were sent to the State Job Service
- Written, faxed or e-mailed notification that opportunities were sent to organizations serving veterans and individuals with disabilities
- Notification to other recruitment sources (State Job Service, organizations serving veterans and individuals with disabilities) to send qualified applicants to temporary agencies (if they are used)
The information that is requested is mostly at the discretion of the Compliance Officer, but contractors should expect to have some type of documentation requested. HR Works, Inc. strongly recommends that contractors be vigilant in listing open positions with the State Job Service, and reach out to organizations serving veterans and individuals with disabilities in their recruitment efforts. If a contractor’s efforts are found lacking, the contractor may receive a conciliation agreement in which the OFCCP links the contractor with recruitment organizations in the contractor’s local community. Best case scenario, be diligent now, and save yourself the extra reporting later.
If you have any questions, please contact HR Works at (585) 381-8340.
