HR Policy Raises Legal Concerns Over OFCCP's New Scheduling Letter

October 17, 2014

This week, HR Policy Association and four other business groups sent a joint letter to the Office of Federal Contract Compliance Programs raising serious legal concerns over the agency's new scheduling letter because it includes additional data requirements beyond those approved in previously issued regulations, a violation of the Administrative Procedures Act.  Specifically, the new itemized listing section of the scheduling letter requires contractors to submit information on veterans and individuals with disabilities for at least the first six months of their current AAP year, if they are six months or more into their AAP year, but OFCCP's implementing regulations only require contractors to make and keep records pertaining to applicants and hires "on an annual basis," not on a rolling basis, a six-month basis, or any other basis other than yearly.  The letter strongly recommended OFCCP immediately issue guidance to change the scheduling letter and itemized listing to remove the data requests that are outside the scope of the disability and veteran implementing regulations pending review and approval of an updated scheduling letter by the OMB.  Such an approach would help minimize the basis for any legal challenge or disruptions to OFCCP's future audits.