What is the most common OFCCP violation?
The most common violation found during OFCCP audits is related to recordkeeping. Many organizations fail to maintain thorough, organized, and accessible records that document compliance with hiring, compensation, and other employment practices and procedures required under the law.
This often happens because companies overlook the need for detailed documentation or do not fully understand the requirements. During audits, OFCCP inspectors closely examine record-keeping to ensure that all required information on employment activities, such as job postings, applications, hires, and promotion data, is accurate, fully documented, and readily available.
To prevent violations and ensure adherence to OFCCP guidelines, organizations should prioritize establishing rigorous systems for documentation. This includes:
- Regular compliance checks
- Updating processes to maintain accuracy in records
- Granting the ability to present evidence of compliance quickly during audits
Consistently managing these records not only supports compliance but also bolsters defenses against potential discrimination claims.
- Office of Federal Contract Compliance Programs. Federal Contract Compliance Manual. U.S. Department of Labor; 2020.
- Goldstein I, Swirnoff J. Navigating OFCCP Compliance Evaluations: A Practical Guide for Federal Contractors. National Law Review. 2021;11(175).
