According to a recently issued enforcement directive from the Office of Federal Contract Compliance Programs ("OFCCP") – the federal agency which monitors the affirmative action efforts of certain federal contractors – more federal contractors will now be subject to audits and full compliance reviews.
Under the new directive, the OFCCP will at a minimum conduct a "full desk audit" for all contractors randomly selected for review. Such desk audits which consist of a comprehensive review of all of a contractor's affirmative action plan documents and supporting documentation. The OFCCP will also conduct "full compliance reviews" at twice the rate as was previously conducted. Full compliance reviews consist of a full desk audit, an on-site inspection and an offsite review of the data collected during the on-site visit. Furthermore, in addition to searching for indicators of individual or systemic discrimination (i.e., two or more victims) and non-compliance with affirmative action requirements, the OFCCP directive states that the agency will also look for non-compliance with other labor and employment laws, including wage and hour laws.