1B09 Review of Previous Compliance Actions

Investigators must review CMS to help determine whether another OFCCP office recently reviewed or is reviewing the same contractor when scheduling contractor establishments for compliance evaluations. If another OFCCP office is currently reviewing a contractor selected for an evaluation, the Investigator or the supervisor must contact the supervisor of the other OFCCP office to discuss what issues, if any, are present in their ongoing case. This is particularly important for detecting company-wide practices that result in discrimination. An example of this issue may be a test that is not validated and has an adverse impact on specific groups.

Investigators may also examine closed case files to identify issues relevant to the current evaluation. Investigators should also note the terms of any CA or consent decree, including back pay, hires and other remedial measures contained in the CA or consent decree. In addition, Investigators must determine whether a contractor has been subject to an OFCCP complaint investigation and, if so, review the complaint file for any violations or problems identified. Additional information about EEO Complaints Filed with or by Other Agencies can be found in subsection 1B06. Any violations found in these past compliance actions must be recorded in CMS. While the existence of a past problem is not considered evidence of the existence of present problems, Investigators must be alert to any indications that past problems remain unresolved, have recurred or that similar problems have arisen.