CWC has confirmed with OFCCP Director Craig Leen that the agency intends to continue offering contractors flexibility during the COVID-19 pandemic. As we mentioned to members in a recent policy alert, OFCCP is open and operational but the agency has implemented telework arrangements for all OFCCP staff. During this time, compliance evaluations will continue, but as you might expect, OFCCP will be granting reasonable adjustments and extensions in response to contractor concerns and evolving business circumstances.
Along these lines, OFCCP is granting what it refers to as a 30-day “extraordinary circumstances” extension after receipt of the desk audit scheduling letter. This would be in addition to the 30-day extension OFCCP already provides when the contractor is able to provide its basic E.O. 11246, Section 503, and VEVRAA AAPs within 30 days of receiving the scheduling letter. Furthermore, OFCCP is also generally providing at least two weeks to respond to information requests (and potentially longer), depending on the complexity of the requests. Note that these extensions and adjustments could be longer depending on the specific circumstances presented.
OFCCP will also be focusing on virtual compliance assistance, including “virtual” onsite evaluations (which may be conducted over the web or telephone). CWC also has confirmed with OFCCP that if a physical onsite is needed, it will be scheduled after the pandemic is over.
Finally, OFCCP has advised that if contractors would like to receive an electronic scheduling letter (in addition to a hard copy letter) during this time, they may do so by reaching out to the OFCCP Regional Director overseeing the review for the facility in question. For more information on OFCCP’s regional offices, please see https://www.dol.gov/ofccp/contacts/regkeyp.htm.
The agency’s senior leadership also emphasized to us that in the unlikely event contractors have any trouble obtaining reasonable resolution to these or similar issues, they are encouraged to contact OFCCP Ombudsman Marcus Stergio. Mr. Stergio can be reached at Stergio.Marcus@dol.gov.