In an unprecedented move, the Office of Federal Contract Compliance Programs (OFCCP) on September 19, 2018, published a list of contractors that received corporate scheduling announcement letters (CSALs) in 2017 and 2018 to its Freedom of Information Act (FOIA) Library. CSALs are sent to service and supply contractors to provide them with advance notice that they may be selected for an OFCCP compliance review.
OFCCP justifies the publication of contractors on its scheduling list by citing the FOIA Improvement Act of 2016, which states that federal agencies have an obligation to "make available for public inspection in an electronic format" records "that have been requested 3 or more times" and are "likely to become the subject of subsequent requests." OFCCP also notes its CSAL list is not covered by relevant FOIA exemptions or exclusions.
The published lists cover three rounds of CSALs: one in 2017, one in February 2018, and the most recent earlier this month.
Ogletree Deakins' Affirmative Action and OFCCP Compliance Practice Group will continue to monitor further developments regarding CSALs and compliance reviews and will update the Affirmative Action/OFCCP blog with additional news.
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