ofccp-apps.dol.gov UUID
5c832756-4bb0-4f6e-a8a8-43406af791c9
Referral Source
Stakeholder
The date the case was closed
Please provide a brief explanation of the concern, issue, or question you would like to address with the Ombuds.
Mr. Stergio,
We represent a company that has had 10 compliance reviews from the 2019 CSAL list. All have proceeded as expected, but one review seems to be going off the rails. In the end of July, the CO contacted me to notify me that the desk audit was complete - the desk audit response was submitted on February 22, 2021. The CO stated that she found no areas of discrimination, but noted technical deficiencies in the veterans and disabled submissions that, according to her, warranted a conciliation agreement. We requested the opportunity to supplement the record to satisfy her concerns regarding compliance with the alleged deficiencies. The CO gave us a week, after I told her I would be on vacation. We made a timely submission, and the CO said her decision still stands, with no explanation. She is now sending multiple requests for more information and documents (with deadlines of 1-3 days), including a complete copy of the applicant log unredacted for the entire review period. In light of DIR 2018-08, we have asked for the basis for seeking the additional information given that there are no discrimination concerns, and she has simply told us she can review what she needs to in order to conduct a complete review even if there are not indicators of discrimination. We do not believe that the regulations of other directives and guidance support her position.
We represent a company that has had 10 compliance reviews from the 2019 CSAL list. All have proceeded as expected, but one review seems to be going off the rails. In the end of July, the CO contacted me to notify me that the desk audit was complete - the desk audit response was submitted on February 22, 2021. The CO stated that she found no areas of discrimination, but noted technical deficiencies in the veterans and disabled submissions that, according to her, warranted a conciliation agreement. We requested the opportunity to supplement the record to satisfy her concerns regarding compliance with the alleged deficiencies. The CO gave us a week, after I told her I would be on vacation. We made a timely submission, and the CO said her decision still stands, with no explanation. She is now sending multiple requests for more information and documents (with deadlines of 1-3 days), including a complete copy of the applicant log unredacted for the entire review period. In light of DIR 2018-08, we have asked for the basis for seeking the additional information given that there are no discrimination concerns, and she has simply told us she can review what she needs to in order to conduct a complete review even if there are not indicators of discrimination. We do not believe that the regulations of other directives and guidance support her position.
What are your goals for working with the Ombuds?
We would like some assistance to better understand what level of review of documents and information may be requested by the CO and reviewed at the desk audit stage when there are no indicators of discrimination - and there does not appear to be other evidence of non-compliance. We provided responses to all of the requests relating to the Veterans and Disabled affirmative action plans and notified the CO that this contractor had a Section 503 Focused review in 2020, which closed with a notice of compliance. We are concerned that the CO is simply fishing for something to justify her proposed NOV (which she has not issued) and conciliation agreement, and the time she has invested in this matter. We have not reached out to the CO's manager yet, and thus far, no other OFCCP personnel have been copied on these requests. We are anxious to wrap this matter up and believe that a notice of compliance is appropriate. Thank you for your assistance. We look forward to hearing from you.
Issue Type
Other
What is your preferred method of communication? Please check all boxes that apply.
Email
Contact Information
Attorney
Name
Laura Garger
Title
Attorney
Company
Ogletree Deakins Law Firm
Phone
602-769-8860
Email
laura.garger@ogletree.com
Address
Two Stamford Plaza, 281 Tressler Blvd. Suite 602, Stamford, CT 06901
Please input other issue type
Transparency, impartiality of review, CO conduct