OFCCP Past Audit Vulnerability Risk Assessment Checklist

In anticipation of the potential OFCCP reviews of the previously submitted AAPs, the OFCCP Past Audit Vulnerability Risk Assessment Checklist can help to evaluate whether your past OFCCP audits (under EO 11246) might expose your organization to renewed scrutiny, liability, or risk under the current anti-discrimination framework (even without formal “AAP” requirements).

Our Complimentary Checklist Highlights:

Audit Finding & Compliance

Check if past issues like pay disparities were addressed or overlooked.

Workforce Trends

Review changes in workforce demographics and any recent EEO complaints or legal issues.

Policy Changes and Risk Assessment

Assess changes in policies and DEI initiatives, and identify any systemic barriers.

Failure to comply with federal regulations can put valuable federal contracts at risk, and you could face substantial financial penalties.

Download Your Free OFCCP Audit Checklist

OFCCP Past Audit Vulnerability Risk Assessment Checklist
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Robert Laughlin

Inter-Con Security

Rated 5 out of 5

“Ahmed and his team are an integral part of our OFCCP-AAP process & assisted in not only completing the AAP but also providing guidance on 3 AAP Audits. I had selected HR Unlimited Inc. during our RFP process primarily due to Ahmed’s personal knowledge of the OFCCP process.”

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Ann Thompson

XSE Group

Rated 5 out of 5

“The team has been very helpful to me compared to prior vendors. They return the AAP plan quickly and carefully review everything with me. I can always contact them for questions and count on their answers.”

Wisconsin

Who Must Submit?

  • Employers contracted with Wisconsin that meet the criteria outlined by the State of Wisconsin Affirmative Action Plan Requirements document.

What Must Be Submitted?

  • Employee and Organization Information

Who Must Be Included

  • Active employees as of a given Snapshot date, as well as the applicants, hires, promotions, and terminations of the year prior to the Snapshot date.

Employment Service Delivery System (ESDS) Link

Washington

Who Must Submit?

  • Employers contracted with Washington that employ 50 employees or more

What Must Be Submitted?

  • Construction: Construction Project and Employee Information (Construction AAP)
  • Supply & Service: Employee and Organization Information

Who Must Be Included

  • Construction: Employees on payroll over a period of one year.
  • Supply & Service: Active employees as of a given Snapshot date, as well as the applicants, hires, promotions, and terminations of the year prior to the Snapshot date.

Employment Service Delivery System (ESDS) Link

Rhode Island

Who Must Submit?

  • Employers contracted with Rhode Island that have state contracts of $50,000 or more and employ 50 employees or more

What Must Be Submitted?

  • Construction: Construction Project and Employee Information (Construction AAP)
  • Supply & Service: Employee and Organization Information

Who Must Be Included

  • Construction: Employees on payroll over a period of one year.
  • Supply & Service: Active employees as of a given Snapshot date, as well as the applicants, hires, promotions, and terminations of the year prior to the Snapshot date.

Employment Service Delivery System (ESDS) Link

Pennsylvania

Who Must Submit?

  • Employers that have apprentice programs registered with the Pennsylvania Council
  • Highway construction contractors with Federal-aid PennDOT contracts of $10,000 or more

What Must Be Submitted?

  • Employee and Organization Information
  • Construction Project and Employee Information

Who Must Be Included

  • Registered apprentices in workforce.
  • Employees on payroll over a period of one year.

Employment Service Delivery System (ESDS) Link

Ohio

Who Must Submit?

Employers contracted with Ohio that meet one of the following criteria:

  1. Supply & Services contract of $5,000 or more
  2. Construction Contracts of $50,000 or more and they employ 50 employees or more

Employers contracted with Ohio for construction work

What Must Be Submitted?

  • Construction: Construction Project and Employee Information (Construction AAP)
  • Supply & Service: Employee and Organization Information

Who Must Be Included

  • Construction: Employees on payroll over a period of one year.
  • Supply & Service: Active employees as of a given Snapshot date, as well as the applicants, hires, promotions, and terminations of the year prior to the Snapshot date.

Employees on payroll over a period of one month.

Employment Service Delivery System (ESDS) Link

New York

Who Must Submit?

  • Employers contracted with New York – largely depends on the state agency.

What Must Be Submitted?

  • Employee and Organization Information

Who Must Be Included

  • All active employees as of the chosen Snapshot date.

Employment Service Delivery System (ESDS) Link

New Mexico

Who Must Submit?

  • Employers with 10 or more employees in New Mexico that are bidding on state contracts

What Must Be Submitted?

  • Employee Pay Information

Who Must Be Included

  • All active employees as of the chosen Snapshot date.

Employment Service Delivery System (ESDS) Link

New Jersey

Who Must Submit?

  • Employers contracted with New Jersey for construction work

What Must Be Submitted?

  • Employee and Organization Information

Who Must Be Included

  • Employees on payroll over a period of one month.

Employment Service Delivery System (ESDS) Link

Nevada

Who Must Submit?

  • Employers with 5 or more registered apprentices in Nevada.

What Must Be Submitted?

  • Construction: Construction Project and Employee Information (Construction AAP)
  • Supply & Service: Employee and Organization Information

Who Must Be Included

  • Registered apprentices in workforce.

Employment Service Delivery System (ESDS) Link

Minnesota

Who Must Submit?

  • Employers contracted with Minnesota that meet the following criteria:
  1. State Contract for goods and services of $100,000 or more
  2. Employ 40 employees or more

What Must Be Submitted?

  • Employee and Organization Information

Who Must Be Included

  • Active employees as of a given Snapshot date, as well as the applicants, hires, promotions, and terminations of the year prior to the Snapshot date.
  • Employees on payroll over a period of one month.

Employment Service Delivery System (ESDS) Link

Massachusetts

Who Must Submit?

  • Employer with 100 or more employees in Massachusetts
  • All state contractors providing construction or design services

What Must Be Submitted?

  • EEO-1 Reports of the Prior Year
  • Weekly Employee Pay Information
  • Employee and Organization Information

Who Must Be Included

  • All active employees as of the chosen Snapshot period. The Snapshot period is defined as a single pay period between October 1 and December 31 of the reporting year.
  • Active employees on payroll
  • Employees on payroll over a period of one month.

Employment Service Delivery System (ESDS) Link

Maine

Who Must Submit?

  • Employers contracted with Maine with a state contract of $50,000 or more

What Must Be Submitted?

  • Construction: Construction Project and Employee Information (Construction AAP)
  • Supply & Service: Employee and Organization Information

Who Must Be Included

  • Construction: Employees on payroll over a period of one year.
  • Supply & Service: Active employees as of a given Snapshot date, as well as the applicants, hires, promotions, and terminations of the year prior to the Snapshot date.

Employment Service Delivery System (ESDS) Link

Kentucky

Who Must Submit?

  • Employers contracted with Kentucky that meet either of the two criteria:
  1. State contracts of $250,000 or more
  2. Employs 8 employees or more

What Must Be Submitted?

  • Construction: Construction Project and Employee Information (Construction AAP)
  • Supply & Service: Employee and Organization Information

Who Must Be Included

  • Construction: Employees on payroll over a period of one year.
  • Supply & Service: Active employees as of a given Snapshot date, as well as the applicants, hires, promotions, and terminations of the year prior to the Snapshot date.

Employment Service Delivery System (ESDS) Link

Illinois

Who Must Submit?

  • Employers with 100 employees or more, with at least one location in Illinois

What Must Be Submitted?

  • Employee Pay Information

Who Must Be Included

  • Pay information of all employees during the 12-month calendar year immediately prior to the deadline or recertification due date.

Employment Service Delivery System (ESDS) Link

Connecticut

Construction employers contracted with Connecticut that meet either of the two criteria:

  1. Your company is the construction manager of the project, OR
  2. The project does not have a construction manager, your company has a state contract with the owner of the project, and the state-funded portion of your company’s contract value $1,000,000 or more

Construction employers contracted with Connecticut that meet either of the two criteria:

  1. The project does not have a construction manager, your company has a state contract with the owner of the project, and the state-funded portion of your company’s contract value is between $50,000 – $999,999.99 OR
  2. The project has a construction manager and the state-funded portion of your company’s contract value is $50,000 or more.

What Must Be Submitted?

  • Construction Project and Employee Information (Construction AAP)
  • Subcontracting Information – must show that company set aside certain amount of $$$ for exclusive bidding of certified minority owned business enterprises

Who Must Be Included

  • Employees on payroll over a period of one year.
  • List of Minority owned business enterprises that bid on subcontracts for project.

Employment Service Delivery System (ESDS) Link

California

Who Must Submit?

  • Employers with 100 employees or more (payroll or labor contractor), with at least one location in California
  • Employers contracted with California with state contracts of $5,000 or more

What Must Be Submitted?

  • Employee Pay Information
  • Employee and Organization Information (Nondiscrimination Report – similar to AAP defined by EO 11246)

Who Must Be Included

  • All active employees as of the chosen Snapshot period. The Snapshot period is defined as a single pay period between October 1 and December 31 of the reporting year.
  • ‘Active employees as of a given Snapshot date, as well as the applicants, hires, promotions, and terminations of the year prior to the Snapshot date.

Employment Service Delivery System (ESDS) Link

 

Learn more about CA pay data reporting requirements