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Article Index » affirmative action » ofccp
Report Link OFCCP to Continue Using Corporate Scheduling Announcement Letters...For Now.
Jackson Lewis LLP - November 20, 2009
Jackson Lewis has learned that the Office of Federal Contract Compliance Programs will continue using Corporate Scheduling Announcement Letters (CSALs). Patricia Shiu, OFCCP’s new Director, has shared that OFCCP will send CSALs to federal contractors at least for the current OFCCP fiscal year, which runs from October 1, 2009 through September 30, 2010.
Report Link Key Leadership Changes at OFCCP Indicate Focus on Current Enforcement Objectives Likely to Continue.
Jackson Lewis LLP - November 02, 2009
Jackson Lewis has learned that the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) has made several key leadership changes at the Agency:
Report Link OFCCP's $900,000 Settlement with Gerber Holds Lessons for Other Employers.
Ford & Harrison LLP - August 28, 2009
A recent announcement by the Office of Federal Contract Compliance Programs (OFCCP) that Gerber Products Company will pay $900,000 to settle findings of hiring discrimination against 1,912 rejected minority and female applicants may be a reflection of the increased aggressiveness that has been promised by the agency. Secretary of Labor Hilda Solis stated that the settlement "should put all federal contractors on notice that the Labor Department is serious about eliminating systemic discrimination."
Report Link OFCCP Update.
Ford & Harrison LLP - August 13, 2009
Compliance with equal employment opportunity and affirmative action requirements for federal contractors and subcontractors is more important now than ever, with a new director, reorganized department and increased enforcement efforts by the Office of Federal Contract Compliance Programs (OFCCP). This Alert highlights some of the recent developments affecting federal contractors and subcontractors.
Report Link New OFCCP Director Named.
Jackson Lewis LLP - August 12, 2009
The U.S. Department of Labor has announced that Patricia Shiu is the Obama Administration’s choice to be the next Director of the Office of Federal Contract Compliance Programs. For the past several years, Ms. Shiu has been the Vice President of Programs at the Legal Aid Society of San Francisco’s Employment Law Center. Since joining the Center in 1983, Ms. Shiu, an attorney, has focused primarily on employment discrimination cases, particularly those involving race, gender, disability and sexual orientation discrimination.
Report Link A Sizzling Summer At The OFCCP!
Constangy, Brooks & Smith, LLP - August 11, 2009
Patricia A. Shiu has been appointed Deputy Assistant Secretary of the U.S. Department of Labor to head the Office of Federal Contract Compliance Programs. She is currently Vice President for Programs at the Legal Aid Society-Employment Law Center in San Francisco, where she has worked for 25 years. Shiu has zealously advocated for women’s rights in the workplace and helped draft legislation that led to the enactment of California’s Family Rights Act, which provides for leave rights similar to those in the federal Family and Medical Leave Act, and the more-recent California Paid Family Leave Act.
Report Link Companies Seeking Stimulus Funds Should Expect a More Aggressive OFCCP.
Littler Mendelson, P.C. - July 29, 2009
As part of the Obama administration's commitment to accountability in spending under the American Recovery and Reinvestment Act (ARRA), the federal Office of Federal Contract Compliance Programs (OFCCP) will be tracking its ARRA-related and non-ARRA-related enforcement activities separately and aggressively auditing recipients of ARRA funds.
Report Link Hospitals Providing Medical Services to Federal Employees Through an HMO are Covered Subcontractors Under OFCCP's Jurisdiction.
Littler Mendelson, P.C. - June 26, 2009
For many years, health systems reasonably assumed that arrangements with a non-governmental entity to provide services or benefits to federal employees would not invoke the jurisdiction of the Office of Federal Contract Compliance Programs (OFCCP), and thus would not mandate federal equal employment and affirmative action obligations.
Report Link OFCCP's Budget Expected to Increase to Over $100 Million.
Jackson Lewis LLP - May 21, 2009
The Office of Federal Contract Compliance Programs’ 2010 budget is expected to increase to over $100 million, according to the U.S. Department of Labor’s 2010 fiscal budget. This amount represents a more than $25 million dollar or approximately 33 percent increase from OFCCP’s 2009 budget, when it was $82.1 million.
Report Link OFCCP Releases New List of Contractor Establishments Slated for Likely Compliance Audits.
Jackson Lewis LLP - March 17, 2009
The Office of Federal Contract Compliance Programs (OFCCP) has sent out a new wave of Corporate Scheduling Announcement Letters (CSAL) to the corporate office of employers with at least two establishments listed for possible compliance review during the fiscal year (October 1st to September 30th). Because this is the second-round release of this scheduling cycle, the list of establishments included with the CSAL will include at least one newly identified establishment. As in the past, this letter does not immediately initiate a compliance review. Instead, it provides employers with advance notice of those establishments that are scheduled for likely audits.
Report Link "Higher And Higher": OFCCP Obtains Record $67.5 Million From Contractors.
Ogletree Deakins - February 10, 2009
Claiming it is now "a more effective and efficient civil rights enforcement agency," the Office of Federal Contract Compliance Programs (OFCCP) recently announced that it had recovered $67.5 million for rejected applicants and employees during fiscal year 2008. Ninety-nine percent of the funds collected were in cases of "systemic discrimination" involving substantial numbers of applicants or employees subjected to allegedly discriminatory practices or policies.
Report Link OFCCP's Increased Enforcement Efforts Produce Largest Ever Financial Recovery in 2008.
Jackson Lewis LLP - January 26, 2009
During Fiscal Year (FY) 2008, the Office of Federal Contract Compliance Programs (OFCCP) recovered a record $67,510,982 in back pay and salary and benefits on behalf of 24,508 individuals who, in OFCCP’s view, were subjected to unlawful employment discrimination.
Report Link OFCCP Releases List of Contractor Establishments Slated for Likely Compliance Audits.
Jackson Lewis LLP - October 23, 2008
The Office of Federal Contract Compliance Programs (OFCCP) has sent out a new wave of Corporate Scheduling Announcement Letters (CSAL) to the corporate offices of employers with at least two establishments listed for possible compliance review during fiscal year 2009. The agency’s fiscal year is October 1st to September 30th. This letter provides employers with advance notice that their establishments are scheduled for likely audits. It does not initiate a compliance review immediately.
Report Link OFCCP Issues "Quality Control" Directive Likely Increase "Full Desk Audits" and On-Site Audits.
Jackson Lewis LLP - October 22, 2008
OFCCP has announced a new enforcement initiative requiring that every 50th non-construction contractor selected for a compliance review will be subject to an on-site audit, regardless of whether indicators of systemic discrimination are present in the contractor’s Affirmative Action Plan (“AAP”). Additionally, OFCCP will subject every 25th non-construction contractor selected for audit to “full desk audit.”
Report Link OFCCP to Examine Online Application Systems During Compliance Reviews.
Jackson Lewis LLP - October 13, 2008
The Office of Federal Contract Compliance Programs (OFCCP) has announced that, effective immediately, all compliance reviews will include a review of a contractor’s online application system to ensure the contractor is providing equal opportunity for employment to qualified individuals with disabilities and disabled veterans. This new OFCCP directive applies to all electronic or web-based systems used in a contractor’s personnel activities.
Report Link OFCCP Issues New Directives on Hiring Vets and Disabled Applicants.
Constangy, Brooks & Smith, LLP - July 30, 2008
The Office of Federal Contract Compliance Programs issued two new directives last week that are focused on promoting the hiring of veterans and protecting the rights of applicants with disabilities who apply for jobs online.
Report Link OFCP’s Active Enforcement Of Affirmative Action Regulations Continues.
Elarbee, Thompson, Sapp & Wilson, LLP. - December 24, 2007
More Firm clients received notifications of compliance reviews in 2007 than at any time during the Bush administration. While the focus of compliance reviews has shifted since the “Clinton OFCCP” revamped key components of affirmative action plans, OFCCP has continued to collect record amounts of back pay awards from government contractors. Thus, contractors should note several trends and developments in order to ensure compliance with Executive Order 11246.
Report Link OFCCP Sends Yet Another Round of Corporate Scheduling Announcement Letters.
Jackson Lewis LLP - April 04, 2007
The OFCCP has mailed a new batch of Corporate Scheduling Announcement Letters; is an audit around the corner for your company?
Report Link Voluntary Guidelines for Self-Evaluation of Compensation Practices (pdf).
Ford & Harrison LLP - October 18, 2006
Contractors covered by Executive Order 11246 are required to adopt some form of compensation self-evaluation. When the Offi ce of Federal Contract Compliance (OFCCP) issued standards interpreting Executive Order 11246 with respect to systemic compensation discrimination, it also issued voluntary Self Evaluation Guidelines, which contractors can use to gauge their compliance with the OFCCP’s requirements.
Report Link OFCCP Issues Formal Standards Regarding Systemic Compensation Discrimination (pdf).
Ford & Harrison LLP - October 18, 2006
The federal Offi ce of Contract Compliance (OFCCP) recently issued formal standards interpreting Executive Order 11246 with respect to systemic compensation discrimination. These guidelines formalize the proposed guidelines the OFCCP issued in November 2004. The OFCCP has also issued voluntary Self Evaluation Guidelines, which contractors can use to gauge their compliance with OFCCP’s requirements.
Report Link OFCCP Rescinds Equal Opportunity (EO) Survey.
Jackson Lewis LLP - September 27, 2006
After years of controversy over its effectiveness as a selection tool for targeting federal contractors for audit, the Office of Federal Contract Compliance Programs has rescinded its Equal Opportunity Survey. Resembling a "supercharged" EEO-1 Report, the EO Survey required the submission of extensive personnel data, including applicant flow, new hire, promotion, termination, workforce incumbency, compensation and tenure data, broken down by race, ethnicity, and gender.
Report Link OFCCP Issues Final Standards for Systemic Compensation Discrimination.
Elarbee, Thompson, Sapp & Wilson, LLP. - July 21, 2006
The U.S. Department of Labor's Office of Federal Contract Compliance Programs (OFCCP) recently issued final interpretive standards for systemic compensation discrimination.
Report Link OFCCP Issues Final Guidance on Standards for Investigating Systemic Compensation Discrimination and Conducting Self Audits of Contractor Compensation Systems.
Littler Mendelson, P.C. - June 20, 2006
On November 16, 2004, OFCCP published two notices pertaining to systemic compensation discrimination. The first notice set forth the proposed standards that OFCCP would be using to investigate alleged systemic compensation discrimination during compliance reviews. The second notice set forth proposed self-evaluation standards that companies could use if they wished to conduct an investigation into their own compensation practices but then have OFCCP defer to that self-evaluation in an audit.
Report Link OFCCP Releases Controversial Systemic Compensation Discrimination and Self-Evaluation Guidelines.
Jackson Lewis LLP - June 19, 2006
The Office of Federal Contractor Compliance Programs has released its much-debated final guidelines for evaluating systemic compensation discrimination, as well as guidelines for federal contractors to self-audit their compensation systems.
Report Link Open Letter Challenges OFCCP On Ability Tests (pdf).
Ogletree Deakins - May 10, 2006
In an open letter to Charles James, the Director of the Office of Federal Contract Compliance Programs (OFCCP), Ogletree Deakins recently asked the OFCCP to reevaluate its position on two key requirements that are used to challenge employers’ use of cognitive ability tests, the type of test which employers most commonly utilize to screen applicants. The letter suggests that the OFCCP’s position is contrary to current professional standards and that employers should be able to justify the use of cognitive ability tests much more easily than commonly assumed.
Report Link Federal Contractors Beware of New and Revised OFCCP Regulations (pdf).
Ford & Harrison LLP - March 07, 2006
The Office of Federal Contract Compliance Programs (OFCCP) recovered a record $45.2 million in financial remedies for alleged discrimination in 2005.
Report Link Federal Contractor Compliance Update (pdf).
Ogletree Deakins - February 21, 2006
The Department of Labor's Office of Federal Contract Compliance Programs (OFCCP) has been busy of late. Below is a summary of recent activity.
Report Link OFCCP's Final Regulations on "Internet Applicants" - White Paper (pdf).
Ogletree Deakins - February 09, 2006
45 Questions and Answers on OFCCP's final regs.
Report Link UPDATE: New Applicant Rule & New OFCCP Audits Are Coming!
Littler Mendelson, P.C. - February 02, 2006
OFCCP has just issued new final rules covering "Internet Applicants" and is sending out the first wave of notices for 2005-06 audits.
Report Link OFCCP Provides "90 Day Grace Period" To Comply With New Internet Applicant Regulations.
Jackson Lewis LLP - January 27, 2006
Although the OFCCP has announced it will not extend the February 6, 2006 effective date of the new Internet Applicant rule, it will not cite contractors for 90 days following the effective date for technical recordkeeping violations if the contractor can demonstrate efforts towards compliance. Specifically, a contractor will not be cited for failure to comply with the rule's provisions provided it: (1) demonstrates that it is taking reasonable steps to update its systems to comply with the rule, including a projected date of compliance, and (2) collects and maintains records according to the established procedures consistent with OFCCP's pre-Internet Applicant rule recordkeeping requirements.
Report Link OFCCP Issues Long Awaited Final Rule on Definition of Internet Applicant.
Jackson Lewis LLP - October 27, 2005
On Friday, October 7, 2005, the Office of Federal Contract Compliance Programs issued its long awaited final rule regarding the definition of an Internet Applicant entitled "Obligation To Solicit Race and Gender Data for Agency Enforcement Purposes." The final rule will go into effect on February 6, 2006.
Report Link New Applicant Rule & New OFCCP Audits Are Coming!
Littler Mendelson, P.C. - October 17, 2005
OFCCP has just issued new final rules covering "Internet Applicants" and is sending out the first wave of notices for 2005-06 audits.
Report Link Who Is An Applicant? The Mystery Revealed... (pdf).
Ogletree Deakins - October 11, 2005
The Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) recently issued its final rule on “Internet applicant” data collection and recordkeeping requirements. The final rule, which will become effective on February 6, 2006, establishes new “minimum standards for applicant recordkeeping in the context of the Internet and related electronic technologies.” Designed by OFCCP as an aid in the identification of discrimination, the final rule applies only to covered federal government contractors.
Report Link OFCCP Sends Wave of Scheduling Letters in Early October.
Jackson Lewis LLP - October 10, 2005
In discussions with the National Office of the Office of Federal Contract Compliance Programs, Jackson Lewis has learned the Agency is set to send a large wave of corporate scheduling announcement letters and traditional compliance review scheduling letters to companies within the next few days.
Report Link OFCCP Prepares to Send Out Another Wave of 10,000 Mandatory Equal Opportunity Surveys.
Jackson Lewis LLP - December 20, 2004
In a move that surprised many, the U.S. DOL's Office of Federal Contract Compliance Programs has announced that it will send another wave of 10,000 mandatory Equal Opportunity Surveys by the end of December, 2004 to randomly selected federal contractors who have not been previously selected.
Report Link OFCCP Proposes Standards for Proving Pay Discrimination and Conducting Compensation Self-Audits.
Jackson Lewis LLP - November 29, 2004
The OFCCP has proposed new standards for analyzing and finding systemic discrimination in federal contractors' compensation systems. In addition, the OFCCP has proposed separate guidelines for contractors to conduct self-audits of their compensation systems.
Report Link OFCCP Sends Letters Nationwide to Contractors Targeted for Compliance Audits through July 2005.
Jackson Lewis LLP - November 10, 2004
On Monday, November 1, 2004, the OFCCP sent more than 1,700 "Corporate Scheduling Announcement Letters" to companies across the United States. These companies were notified because the OFCCP has slated two or more of their facilities for audit sometime before the end of July, 2005.
Report Link OFCCP Begins Using New Method of Selecting Contractors for Audits.
Jackson Lewis LLP - September 03, 2004
The Office of Federal Contract Compliance Programs has begun targeting contractors for audit based on a new selection method that looks at a contractor's past compliance history.
Report Link OFCCP Extends Deadline for Equal Opportunity Survey.
Jackson Lewis LLP - March 06, 2003
Nearly one week after the original submission deadline, the Department of Labor's Office of Federal Contract Compliance Programs announced March 5, 2003, that all contractor establishments would be given a two-week extension of time for submission of the mandatory Equal Opportunity Survey.
Report Link OFCCP Sends Next Big Wave of Mandatory Equal Opportunity Surveys.
Jackson Lewis LLP - December 05, 2002
Despite strong opposition from the contractor community, the OFCCP announced yesterday that it would mail mandatory Equal Opportunity Surveys to 10,000 federal contractor establishments during the week of December 2, 2002.
Report Link OFCCP Directive On Functional Affirmative Action Plans Approved On March 21st.
Jackson Lewis LLP - March 27, 2002
On March 21, 2002, Charles James, the OFCCP Director, issued the procedural directive for processing what the OFCCP refers to as Functional Affirmative Action Program (FAAP) requests.

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