CSAL Provides Advance Notice of Upcoming Compliance Audits
Today OFCCP issued a “CSAL” identifying 500 employer locations and/or Affirmative Action Plans (“AAPs”) slated for compliance audits by OFCCP in the coming months.
What is a CSAL? It’s a list of the federal contractor/subcontractor establishment AAPs and Functional Affirmative Action Plans (FAAPs), posted by OFCCP on the Agency’s website, on which the Agency soon will conduct audits.
If you are a Silberman Law client on the new CSAL list, and haven’t already heard from us, you will soon.
The CSAL’s advance notice provides the “gift of time.” Employers should use this time to carefully audit their AAP compliance efforts, pay equity posture, and the past year’s hiring, promotion and termination trends before the Scheduling Letter, which triggers the audit, arrives.
That advance notice is especially valuable given that OFCCP made audits tremendously more burdensome when it expanded the data, documents and information contractors are required to submit within the 30-day deadline of the Scheduling Letter.
- The prime example of this expanded burden (and risk) is that employers must submit two snapshots of detailed pay data. So, if it is your January 1, 2024 AAP being audited, you will need to submit pay data as of January 1, 2024 and January 1, 2023. Of course, analyzing that data and addressing pay disparities in advance of submission is critical to avoid findings of pay discrimination by OFCCP.
- Another example (of both burden and risk) is that employers must submit multiple AAPs (or a single aggregated AAP) if you have multiple establishments/buildings on a “campus-like setting” within a single city. Preparing one AAP for audit is one thing, preparing multiple AAP datasets within 30 days is quite another.
If you have questions or would like to discuss your audit preparation, simply contact the Silberman Law legal professional with whom you work.
