March 2019 Newsletter

by Terri Swain

BREAKING NEWS: Judge Vacates Stay of EEO-1 Pay Data Reporting Tool

The U.S. District Court for the District of Columbia has found the government did not have proper justification to stay implementation of the EEOC’s pay data collection tool.  As a result, the court has vacated the 2017 stay and ordered the previous approval of the revised EEO-1 form shall be in effect.

As a reminder:  EEOC has extended the filing deadline by two months.  The new deadline by which to file is May 31, 2019.

The pay collection tool has NOT been added to the 2018 filing. We expect that the pay collection issue will continue to evolve. Without an EEOC Commissioner or Chief Counsel confirmed/appointed yet, we do not know what the implications will be.  For now, file EEO-1 as usual and we’ll keep you updated.  

ACTION ITEM: Reviewing compensation equity in your organization is always a proactive measure. 

NEW!  Struggling with disability outreach requirements? 

Check out the OFFCCP Section 3 Landing Page developed in advance of focused disability reviews

The landing page is intended to provide contractors with helpful information and assistance in implementing best practices and increasing the employment of individuals with disabilities. 

So what does this mean for you?  OFCCP's new Section 503 landing page will serve as a resource center for contractors. You can find:

Disability Inclusion best practicesDocuments explaining what to expect during a Focused ReviewImportant OFCCP contact informationSample of the Focused Review Scheduling LetterFAQ’s

Click Here to Visit OFCCP's Section 503 Landing Page

Compliance Assistance for Upcoming Section 503 Focused Reviews

The OFCCP has announced new resources to assist with the upcoming round of Focused Reviews aimed at compliance with Section 503 of the Rehabilitation Act for individuals with disabilities. The first round of Section 503 Focused Reviews will take place at contractors’ corporate headquarters locations. 

The OFCCP is affording contractors an opportunity to obtain compliance assistance and otherwise get ready to receive actual audit scheduling letters beginning approximately 45 days later.  Not all contractors will be selected immediately; each district office has discretion to decide how many scheduling letters to issue and when to issue them.  Some contractors could be scheduled as early as May; others later.

 This is the letter that will begin a Focused Section 503 Review: Focused Review Letter

Frequently Asked Questions and Answers page: Q & A 

There is also a Best Practices page:  Best Practices

The OFCCP will not be looking at personnel activity data (hires, applicants, promotions, terminations) or pay data during these Section 503 Focused Reviews. Contractors will not have to submit that data initially, but OFCCP is leaving itself the option to review the data as part of the audit.

Free Webinar March 25th 12-1pm: Disability:IN Central Texas presents JAN - Creating Inclusive Workplaces

This seminar will provide some great information and can be part of your good faith efforts towards disability inclusion.  

Louis Orslene, Job Accommodations Network (JAN) - Tools, Techniques, and Technologies for Creating Inclusive Workplaces: 1 HRCI credit

Gain access to tools and techniques included within the JAN Workplace Accommodation Toolkit featuring JAN’s deep knowledge in an online platform.Obtain information needed to create inclusive workplaces while complying with disability-related employment laws. Learn of inclusionary technologies such as the Mobile Accommodation Solution App, a first-generation mobile workplace accommodation case management app.

Sign up here:  Seminar Signup

CSALs will no longer be mailed, instead will be posted on the OFCCP website.


CSALs let you know which facilities are scheduled for audit in the upcoming year.

OFCCP has announced that it would release the next round of CSALs in the second half of March on its website with actual scheduling letters to follow by mail beginning 15 days later.   

Check the List!

Spotlight on Service: Affirmative Action Planning

The OFCCP’s new leadership is extremely inflexible with deadlines when audited.  

If audit materials are not turned in within the 30 days, they can and ARE issuing show cause notices.  No one wants to get on the wrong footing at the start of an audit.


Let our team help you put your Affirmative Action plan together in a compliant and expedient manner. Our skilled consultants have years of experience in the field and understand the impact of your data as it relates to an audit. 

We provide FREE audit assistance as part of our plan preparation. Call for quote.

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