Increasing Your Chances of Closing an OFCCP Audit

Increasing Your Chances of Closing an OFCCP Audit
by Marife Ramos, Sr. Consultant, Biddle Consulting Group

Winning an OFCCP audit is not as hard as most contractors think. In most cases, a contractor can control the outcome of an OFCCP review. The employer’s goal should be to end an OFCCP audit at the Desk Audit phase. Consider the following before submitting your AAP and data to the OFCCP:

1) Know your auditor. Give him/her a call upon receipt of the letter. Introduce yourself. Ensure him/her that you intend to extend full cooperation during the audit.
2) Review all the data and reports for accuracy and completeness before submittal. Perform data refinements based on the definition of applicants. Once data and reports are already submitted, it becomes more difficult to make necessary revisions. Any revisions to the already submitted data and reports can cast doubt on your record-keeping policies and procedures.
3) Analyze the data before submittal. The OFCCP’s main focus during an audit is on adverse impact of the personnel transactions and compensation disparities. Know what the OFCCP may find ahead of time with the data you will provide.
4) Document and emphasize all Good Faith Efforts. This is your opportunity to “put your best foot forward.” Let the OFCCP know all the EEO Good Things your organization have done and is planning to do.
5) Prepare a professional and professional-looking AAP. Remember that the AAP is supposed to be a living-breathing document for your organization. Show that you are very familiar of the contents of the AAP and are utilizing the results of the analyses in planning for future employment opportunities.
6) Perform “mock audits” on a more regular basis. Analyze your data on a quarterly or semi-annual basis. This will provide good information and assist in employment planning and management training throughout the AAP year.
7) Document all conversations with your compliance officer. Your records might help you in future negotiations with the agency.
8) Do not miss your submission deadline. Remember, you have only 30 days to respond to the OFCCP. So get to work as soon as you receive the audit letter. As much as possible, submit the AAP on time. It demonstrates your willingness to cooperate and compliance with the requirements. If an extension was requested and is granted by the OFCCP, do not miss the extension deadline.
9) Get HELP! When you doubt your ability to respond accurately to an audit, get the assistance of reputable AAP experts/consultants. This will prove to be a lesser cost to pay than settlements from Conciliation Agreements or worse, losing the federal contract.