For many months, contractors have witnessed increased activity and strengthened exercise of authority from the OFCCP's National Office. A flurry of events over the past few weeks demonstrate that this trend is now a well established fact of life for OFCCP staff as well as contractors.
Midwest Audit Notices Dated June 3, 2011 Recalled
If you received an OFCCP Scheduling Letter dated June 3, 2011 from OFCCP's Midwest Region informing you that you have been selected for an audit, do not send your affirmative action plan and supporting materials to OFCCP. The agency is recalling more than 800 audit scheduling letters dated June 3, 2011 because they were sent by the Midwest without authorization by OFCCP's National Office. Federal contractors will be notified by OFCCP's National Office that they do not need to respond to the scheduling letters and the recall notices should be received within the next several days. Seyfarth Shaw has also learned that while some of the compliance evaluations from the June 3 mailing will be rescheduled some time in the future, the overall number of those rescheduled will be significantly less. The new scheduling letters will be sent directly from OFCCP's National Office. Midwest Region federal contractors who received one of the June 3 letters and have submitted affirmative action plans and support data for review should have those plans promptly returned by the OFCCP.
Changes in OFCCP Regional Office Leadership
We have also learned that Midwest Regional Director Sandra Ziegler and Regional Deputy Director Shirley Thomas, as well as Southeast Regional Director Evelyn Teague will be leaving the OFCCP soon. In the Midwest, OFCCP will be hiring a Director of Regional Operations and a Planning and Support Director, which will be similar to positions already common in other regions. Interim appointments include current Phoenix District Director Marvin Jordan to act as interim Midwest Regional Deputy Director, current Southwest & Rocky Mountain Region Director of Operations Aida Collins to act as interim Midwest Director of Operations, and current Northeast Region Planning & Support Director Michael Downing to serve as interim Midwest Planning & Support Director, all effective June 27. OFCCP National Office also announced internally that it will embark on additional organizational changes across the country.
Deadline for Public Comments on OFCCP's Proposed Veterans Regulations
OFCCP has announced that it is extending the deadline for submission of public comments on its proposed revised regulations enforcing the non-discrimination and affirmative action laws for protected veterans. The original deadline was June 27; the extended deadline is July 11. We understand this extension was provided after OFCCP received a number of requests for extension. The changes that these proposed regulations would require to contractors' employment practices are substantial; many contractors are extremely concerned about the proposed changes and believe they would present an undue burden on employers' already-stretched human resources staff. Seyfarth will be submitting comments and you are welcome to forward your thoughts to us for inclusion, with or without attribution, in our comments. If you prefer to submit comments directly you may use the eRulemaking Portal at www.regulations.gov referencing RIN-1250-AA00.
Functional AAP Office Updating
Many of our clients have been contacted by OFCCP's FAAP Office to update their contact information. Stay tuned for impending OFCCP communications reflecting new procedures governing functional affirmative action plans.