The Office of Federal Contract Compliance Programs (OFCCP) has introduced significant changes to its Construction Scheduling Letter and Itemized Listing, effective October 1, 2024. These revisions bring new obligations and scrutiny for federal and federally assisted construction contractors and subcontractors.

Key Takeaways

AI and Automated Systems Scrutiny‍

A new item in the Construction Scheduling Letter now requires information about tests and selection procedures, including those utilizing artificial intelligence, algorithms, and automated systems.

Expanded Reporting Scope‍

The revisions now seek information on supervisory and inspection staff, in addition to construction trade employees. This expansion, however, has raised questions about OFCCP's authority in this area.‍

Enhanced EEO Policy Requirements‍

Contractors must now provide more comprehensive EEO-related policies, including anti-harassment measures and complaint procedures.

Increased Focus on Disability and Veteran Inclusion‍

The updates demand more detailed documentation of outreach efforts and effectiveness in recruiting individuals with disabilities and protected veterans.‍

Technology-Based Selection Procedures‍

Contractors must now disclose all hiring tests and procedures, with a particular emphasis on technology-based methods like AI and algorithms.

Impact on Contractors

Increased Reporting Burden

OFCCP estimates the changes will increase reporting time by 9.4 hours for direct federal contractors and 5.7 hours for federally assisted contractors.

Broader Compliance Scope‍

Contractors now face scrutiny in areas previously not covered, such as AI-driven hiring practices and non-construction trade employees.

Enhanced Documentation Requirements‍

More detailed record-keeping is now necessary, particularly regarding EEO policies, outreach efforts, and selection procedures.

Action Items for Contractors

• Review and update EEO policies and procedures.
• Assess and document the effectiveness of disability and veteran outreach programs.
• Evaluate any AI or automated systems used in hiring processes.
• Prepare for more comprehensive reporting on all employee categories involved in construction projects.

These changes reflect OFCCP's evolving focus on modern hiring practices and a more inclusive workplace. Contractors are advised to carefully review these new requirements and seek legal counsel if needed to ensure full compliance.

New OFCCP Requirements: What Construction Owners Need to Know

As a construction owner, staying informed about regulatory changes is crucial for your business. The Office of Federal Contract Compliance Programs (OFCCP) has recently unveiled significant updates to its Construction Scheduling Letter and Itemized Listing, effective October 1, 2024. Here's what these changes mean for you:

Key Impacts on Construction Owners

Increased Scrutiny on Hiring Practices

• If you're using AI or automated systems in your hiring process, be prepared for additional oversight.
• You'll need to provide information on all selection procedures, including technology-based methods.

Broader Employee Reporting

• The OFCCP now seeks information not just on construction trade employees, but also on supervisory and inspection staff.
• This could mean more comprehensive record-keeping for all levels of your workforce.

Enhanced EEO Policy Requirements

• You'll need to have more detailed Equal Employment Opportunity (EEO) policies in place.
• This includes anti-harassment measures, complaint procedures, and other EEO-related policies.

Greater Focus on Inclusion

• Expect more emphasis on your efforts to recruit individuals with disabilities and protected veterans.
• You'll need to document and assess the effectiveness of these outreach programs.

Increased Administrative Burden

The OFCCP estimates these changes will increase reporting time by 9.4 hours for direct federal contractors and 5.7 hours for federally assisted contractors. In reality, the time commitment may be even greater.

What This Means for Your Business

Compliance Costs

You may need to allocate more resources to meet these expanded compliance requirements.

Risk Management

With increased scrutiny, there's a higher risk of non-compliance findings. This could potentially impact your ability to secure federal contracts.

Hiring Process Reviews

You'll need to evaluate your current hiring practices, especially if you use any form of AI or automated systems.

Policy Updates

It's time to review and potentially update your EEO policies and procedures.

Data Management

You'll likely need to enhance your data collection and management systems to meet the new reporting requirements.

Action Steps for Construction Owners

Audit Your Current Practices

Review your hiring processes, EEO policies, and outreach programs.

Invest in Compliance

Consider allocating additional resources to compliance management.

Train Your Team

Ensure your HR and management teams are aware of these new requirements.

Seek Expert Advice

Consider consulting with legal experts specializing in federal contractor compliance.

Prepare for More Detailed Reviews

Be ready for more comprehensive OFCCP audits in the future.

While these changes may seem daunting, they also present an opportunity to strengthen your company's commitment to equal employment opportunities and diversity. By proactively addressing these new requirements, you can position your business as a leader in fair employment practices, potentially giving you an edge in securing federal contracts.

Remember, staying ahead of regulatory changes is key to maintaining a compliant and successful construction business in the federal contracting space.