Letter L-28: Show Cause Notice: Failure to Submit Employment Activity or Compensation Data for Desk Audit

(Supply & Service Executive Order Compliance Evaluations)  

Certified Mail, Return Receipt Requested AND Electronic Mail

[Date]

[Name of Establishment CEO]

[Title of CEO]

[Establishment Name]

[Street Address]

[City, State, Zip Code]

Dear [insert name of CEO]:

The U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP), by letter dated [insert date], requested that you submit the below listed [insert as appropriate: employment activity or compensation] data as support data for your Affirmative Action Program (AAP) prepared under Executive Order 11246, as amended.  The data was due to this office within 30 calendar days.

[Specify the data that were not submitted for desk audit]

The submission of this data is required by 41 CFR 60-1.12(c)(2).  Additionally, 41 CFR 60-2.17(b), (c) and (d) require that your AAP include an analysis of your employment process to identify and correct problem areas.  This obligation cannot be adequately fulfilled without maintenance of the referenced data. 

We have not yet received the data we requested.  Consequently, we are issuing this Notice to Show Cause why enforcement proceedings should not be initiated.  You are required to submit the data as specified in our original request within 30 calendar days of your receipt of this Notice or we will recommend that enforcement proceedings be initiated under Sections 208 and 209 of the Executive Order 11246, as implemented by 41 CFR 60-1.26.  A copy of our original request is enclosed.

The submission of these support data does not preclude the identification of additional violations, based upon a finding during the desk audit or a subsequent on-site review, that your AAPs do not meet the requirements of 41 CFR Parts 60-2, 60-741 and/or 60-300, or that your [insert as appropriate: establishment or functional unit] is not in compliance with the requirements of the Executive Order 11246; Section 503 of the Rehabilitation Act, as amended; or the Vietnam Era Veterans’ Readjustment Assistance Act, as amended, and their implementing regulations, as appropriate. 

Should you have any questions or wish to discuss a resolution to the issues raised herein, please contact [insert name of compliance officer] or [insert appropriate pronoun: his or her] supervisor, [insert name of supervisor], at [insert telephone number] to schedule a meeting or telephone conference.

Sincerely,

[insert name of the regional or district director]

Regional Director or District Director

Enclosure

cc: [insert name of the corporate CEO]

[insert name of the designated representative]