OFCCP Audits Post EO 14173

Is Your Business Ready for a New Era of Federal Compliance Audits?

Executive Order 14173 has redefined the compliance landscape for federal contractors. It now requires annual certification that your workplace is free from discrimination—and links false certifications to potential penalties under the False Claims Act. This significantly raises the stakes for OFCCP audits. Is your business prepared?

What to Expect from OFCCP Audits Post-EO 14173

More Frequent and In-Depth Audits

OFCCP is expected to increase the number and intensity of audits, especially for contractors using the OFCCP Contractor Portal. Contractors will face broader desk audits and more detailed requests for data, policies, and evidence supporting their certification.

Focus on Data Integrity and Adverse Impact

You must be able to demonstrate, with data, that your hiring and employment practices are nondiscriminatory. That includes applicant and workforce demographics, as well as statistical analyses for adverse impact in hiring, promotions, and terminations.

Verification of Certification Claims

It’s not enough to check a box. OFCCP may require documented internal reviews, equity analyses, and EEO-related training logs to confirm your certification was accurate and made in good faith.

Potential Multi-Agency Investigations

Contractors flagged during an audit could face scrutiny from additional federal agencies like the EEOC or DOJ, especially if serious compliance issues are uncovered.

Use of Advanced Analytics

OFCCP is using sophisticated technology to detect potential discrimination. Expect increased reliance on algorithmic models that evaluate pay equity, workforce composition, and hiring trends.

How You Can Prepare

To stay audit-ready and compliant, contractors should:

  • Conduct annual adverse impact analyses (race, sex, ethnicity)
  • Maintain internal documentation to support EO 14173 certification
  • Keep Affirmative Action and Anti-Discrimination Programs current
  • Document EEO training and outreach
  • Comply with OFCCP’s record retention rules (typically 3 years)

Get Expert Help

At HR Unlimited, Inc., we specialize in guiding federal contractors through the complexities of today’s evolving compliance landscape. Our team provides expert support—from data reviews to comprehensive audit readiness assessments—to ensure your EO 14173 certifications are both accurate and legally defensible. With oversight from experienced legal counsel, we validate your analytics and documentation to justify your certification of a nondiscriminatory workplace and ensure full OFCCP audit readiness.

Contact Us Today

Contact us today to safeguard your organization and stay ahead of regulatory changes. EO 14173 compliance isn’t optional, it’s a federal requirement. Make sure you’re ready before OFCCP comes knocking.