Total Articles: 63
OFCCP Extends Time for Comments on Rehabilitation Act Regulations
The Office of Federal Contract Compliance Programs (OFCCP) has announced that it is extending the time to submit comments on its proposed amendments to its regulations implementing Section 503 of the Rehabilitation Act. The proposed rule was published on December 9, 2011 and the comment period was set to end on February 7, 2012. The OFCCP has extended the comment period by 14 days and will now end on February 21, 2012.
The Kullman Firm Comments On Proposed DOL Regulations Regarding Affirmative Action for the Disabled
The OFCCP has proposed regulations which would dramatically expand the obligations of federal contractors and subcontractors towards individuals with disabilities. On February 1, 2012, The Kullman Firm submitted comments to the OFCCP regarding their newly proposed regulations.
Congress Grants Relief To TRICARE Providers
In a move aimed to divest the Office of Federal Contract Compliance Programs of jurisdiction over hundreds of potential federal subcontractors, Congress passed Section 715 of the National Defense Authorization Act on December 15, 2011, and President Obama signed it into law on December 31, 2011. This portion of the NDAA provides as follows:
OFCCP Issues New Wave of Corporate Scheduling Announcement Letters
The Office of Federal Contract Compliance Programs (OFCCP) has sent out a new round of Corporate Scheduling Announcement Letters (CSALs) to federal contractors with establishments slated for compliance review during OFCCP’s current fiscal year, ending September 30, 2012. The CSALs provide employers advance notice of the locations slated for OFCCP audit. Departing from past practice, it appears OFCCP has addressed the letters to the individual who certified the employer’s EEO-1 report filing, rather than the “Chief Executive Officer” or other designated point of contact.
House and Senate Overrule OFCCP on TRICARE Subcontractors
TRICARE is the federal government’s healthcare program for active duty and retired military members and their families. For many years, healthcare systems reasonably assumed that their subcontracts to provide services or benefits to federal employees under TRICARE 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.
OFCCP’s Proposed Revisions to Regs Require Increased Obligations and Affirmative Action Regarding Disabled Individuals
Section 503 of the Rehabilitation act of 1973, as amended (“Section 503”), prohibits employment discrimination by federal government contractor and subcontractor employers against individuals with disabilities. It also includes affirmative action provisions that relate to both hiring and advancement of disabled individuals by those same employers. The provisions of Section 503 apply to government contractors with contracts/subcontracts of over $10,000 for the purchase, sale, or use of personal property or non-personal services, specifically including construction services. Contractors/subcontractors that have a contract/subcontract of at least $50,000 and at least 50 employees are required to prepare and maintain an Affirmative Action Program (AAP) to document efforts to comply with Section 503.
OFCCP Proposes Major Changes to Affirmative Action Regulations for Individuals with Disabilities
The Office of Federal Contract Compliance Programs (OFCCP) has proposed significant revisions to its regulations covering non-discrimination and affirmative action obligations of government contractors regarding individuals with disabilities under section 503 of the Vocational Rehabilitation Act. The revisions include:
OFCCP Proposes 7 Percent Hiring Goal For Disabled
The Office of Federal Contract Compliance Programs issued a Notice of Proposed Rulemaking on December 9, 2011, proposing significant substantive changes to the regulations implementing Section 503 of the Rehabilitation Act of 1973, including the establishment of hiring goals for individuals with a disability.
OFCCP Proposes Changes to Rules Governing Contractor Nondiscrimination and Affirmative Action Requirements for Individuals with Disabilities
The Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) has issued its long-awaited proposed rule (pdf) amending the nondiscrimination and affirmative action requirements regarding individuals with disabilities for federal contractors and subcontractors. Specifically, the rule revises the regulations that implement Section 503 of the Rehabilitation Act of 1973, as amended. Section 503 requires most federal contractors and subcontractors to take affirmative action to employ and advance in employment qualified individuals with disabilities, and prohibits discrimination against them. According to the notice to be published in the December 9 edition of the Federal Register, the proposed regulations would strengthen these affirmative action requirements, describe the specific actions a contractor must take to satisfy its obligations, increase the contractor’s data collection obligations, and establish specific utilization benchmarks to help measure the effectiveness of the contractor’s affirmative action efforts. In addition, the proposal revises the nondiscrimination provisions to conform to changes made by the ADA Amendments Act (ADAAA) of 2008.
DOL Administrative Law Judge Concludes Law Firm is a Federal Contractor Subject to OFCCP Jurisdiction
A law firm that provided legal services to the U.S. Department of Energy (“DOE”) in connection with the sale of real property is subject to the jurisdiction of the Office of Federal Contract Compliance Programs (“OFCCP”), according to a U.S. Department of Labor Administrative Law Judge (“ALJ”). OFCCP v. O’Melveny & Myers LLP, DOL OALJ, No. 2011-OFC-00007 (Oct. 31, 2011).
EEOC and OFCCP Publish Revised Memorandum of Understanding Regarding Coordination of Efforts
Executive Summary: For the first time in twelve years, the Equal Employment Opportunity Commission (EEOC) and the Office of Federal Contract Compliance Programs (OFCCP) have issued an updated memorandum of understanding (MOU) that outlines how the agencies will coordinate their enforcement efforts and share information regarding discrimination claims under Title VII and Executive Order 11246.
EEOC and OFCCP Issue Revised Memorandum of Understanding
The Equal Employment Opportunity Commission (EEOC) and the Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) have updated the Memorandum of Understanding (MOU) (pdf) between the two agencies “to promote greater efficiency and coordination, and to eliminate conflict and duplication of effort.” The substantive revisions to the MOU – last edited in 1999 – clarify how discrimination complaints or charges filed with one agency are to be processed if they involve issues subject to the jurisdiction of the other.
OFCCP Undaunted by Challenges to Scheduling Letter Changes
The Office of Management and Budget announced last week that the Office of Federal Contract Compliance Programs had submitted its proposed changes to the Scheduling Letter and accompanying Itemized Listing to it for approval. The OMB is seeking comments on the OFCCP's request.
OFCCP Seeks Comment on Revised Scheduling Letter and Itemized Listing for Use in Non-Construction Supply and Service Compliance Audits
The Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) has submitted to the Office of Management and Budget (OMB) for review revised forms it uses to collect information in connection with non-construction supply and service contractor compliance reviews. Specifically, the agency intends to amend its “Scheduling Letter” (pdf) that the OFCCP sends to federal contractors selected for compliance review. This letter notifies the contractor that it will be audited and informs the contractor that it will need to provide certain information in connection with the evaluation. The changes to the actual scheduling letter, for the most part, are cosmetic. OFCCP ceased reviewing I-9 forms as part of its routine audits, and the new scheduling letter reflects that change. The scheduling letter is issued along with the standard form known as the “Itemized Listing,” (pdf) which sets forth the specific information and documentation that the contractor is required to produce, in addition to the actual affirmative action plans themselves. The OFCCP intends to make substantial changes to the Itemized Listing, however.
Changes to OFCCP Proposal to Overhaul Audit Submission for Federal Contractors Disregard Main Issue
The Office of Federal Contract Compliance Programs has proposed a revised Scheduling Letter and associated Itemized Listing (used to commence agency audits of employers). This is a revised version of the proposed changes originally published on May 12, 2011. (See our article, OFCCP Seeks to Overhaul Audit Submission for Federal Contractors.) The September 28, 2011 Notice of Proposed Rulemaking contains minor changes based on public comments to the May 12th proposal. The agency will accept public comments its proposal (available at www.regulations.gov) from contractors and other members of the public for a 30-day period, until October 28, 2011.
Federal Contractors Should Expect Closer Scrutiny of Their Affirmative Action Programs and Compliance
The Office of Federal Contract Compliance Programs (OFCCP), the division within the federal Department of Labor that enforces federal affirmative action requirements, has been more active than ever in its audits of federal contractors and in proposing new compliance requirements for federal contractors. All of this new activity means federal contractors must ensure that their affirmative action programs (AAPs) and affirmative action (AA) efforts fully comply with all of the federal requirements.
More Means Less? The OFCCP Proposes Major Changes to Scheduling Letter to "Reduce" Burden on Contractors
It seems almost trite to joke that only the government would propose to lessen the reporting burden for employers by requiring that employers report more information. Yet, that is what the Office of Federal Contract Compliance Programs ("OFCCP") has done in its proposed changes to its Scheduling Letter, the current version of which expires on September 30, 2011. The proposed changes would broaden the scope and type of data the OFCCP asks for in Scheduling Letter responses, imposing new burdens on employers who contract with the federal government.
OFCCP'S Proposed "Comp Tool" Does Not Bode Well For Employers
The Office of Federal Contract Compliance Programs issued an Advance Notice of Proposed Rulemaking on August 10, 2011, seeking input on a new "Compensation Data Collection Tool" that would replace the discontinued EO Survey. According to the Notice, the OFCCP is considering adopting some new practices that will substantially increase the burdens that employers who are federal contractors face. Among other things, the OFCCP is.
OFCCP Seeks Comments on Proposed New Compensation Data Collection Tool
The Office of Federal Contract Compliance Programs (OFCCP) is soliciting public comment on the Agency’s development and implementation of a new compensation data collection tool. Possible uses of the tool, according to the Agency, include identifying potential problems of compensation discrimination that would warrant further review by OFCCP or self-audit by the contractor. Other possible uses for the data collected by the tool include identification and analysis of industry trends, contractor compensation practices and equal employment-related issues.
OFCCP Reinstates Use of Functional Affirmative Action Program Agreements
Executive Summary: The Department of Labor's Office of Federal Contract Compliance Programs (OFCCP) has issued a directive reinstating the use of Functional Affirmative Action Program agreements and revising the requirements for the use of such agreements.
Significant Leadership Changes in OFCCP’s Midwest Region, Scheduling Letters to be Rescinded
The Office of Federal Contract Compliance Programs (OFCCP) has announced that long-time Midwest Regional Director Sandra Ziegler and Regional Deputy Director Shirley Thomas are leaving the Agency before the end of June. Until the vacancies can be filled, the Midwest Region will be led by Marvin Jordan as Acting Regional Deputy Director, Aida Collins as Acting Director of Regional Operations or “DORO”, and Michael Downing as Acting Planning and Support Director. Mr. Jordan currently is District Director in OFCCP’s Phoenix District Office, Ms. Collins is DORO for the Southwest and Rocky Mountain Region, and Mr. Downing is in the Northeast Region.
OFCCP Issues Notice of Proposed Rulemaking to Amend VEVRAA Regulations
On April 26, 2011, the U.S. Department of Labor's Office of Federal Contract Compliance Programs ("OFCCP") published proposed regulations that would impose additional affirmative action obligations on federal government contractors under the Vietnam Era Veterans' Readjustment Assistance Act of 1974 (VEVRAA). If finalized, the regulations would require contractors, among other things, to establish annual hiring benchmarks to track the effectiveness of their affirmative action programs, to request disclosure information from applicants, and to collect data concerning job referrals.
OFCCP Proposes New Scheduling Letter and Itemized Listing
In a move which will most certainly increase federal contractors’ compliance burden, the Office of Federal Contract Compliance Programs (OFCCP) has requested approval from the Office of Management and Budget to authorize changes to OFCCP’s current Supply and Service scheduling letter and accompanying itemized listing of information to be submitted in compliance evaluations.
Proposed Changes To OFCCP Audit Scheduling Letter Would Require Comp Information, Among Other Things
You may agree or disagree with its policies, but there is no question that the Obama Administration is aiming to leave its mark on the federal contracting community. Last week, we reported on the proposed rule of the Office of Federal Contract Compliance Programs to revise the affirmative action obligations of federal contractors toward covered veterans.
OFCCP Seeks to Overhaul Audit Submission for Federal Contractors
The Office of Federal Contract Compliance Programs is proposing to overhaul its Scheduling Letter and associated Itemized Listing used to commence agency audits of employers. While the Agency states that it is seeking to “reduce overall burden hours on contractors,” the proposed changes, if approved, will significantly increase the burden on employers subject to OFCCP audit. The May 12 proposal (available at www.regulations.gov) comes as the current Scheduling Letter is set to expire on September 30, 2011. The public has until July 11, 2011, to submit comments on the proposal.
OFCCP Proposes New Scheduling Letter and Itemized Listing
In a move which will most certainly increase federal contractors’ compliance burden, the Office of Federal Contract Compliance Programs (OFCCP) has requested approval from the Office of Management and Budget to authorize changes to OFCCP’s current Supply and Service scheduling letter and accompanying itemized listing of information to be submitted in compliance evaluations.
OFCCP Seeks Approval to Revise Scheduling Letter and Related Documents
Executive Summary: The revisions proposed by the Office of Federal Contract Compliance Programs (OFCCP) to its Scheduling Letter and accompanying compliance review documents include new requests for information that will substantially increase federal contractors' recordkeeping burdens.
OFCCP Issues Proposed Rule to Enhance Veterans' Regulations for Federal Contractors.
In keeping with its mantra of “good jobs for everyone,” the Office of Federal Contract Compliance Programs (OFCCP) has published a Notice of Proposed Rulemaking to revise current nondiscrimination and affirmative action obligations of federal contractors under the Vietnam Era Veterans’ Readjustment Assistance Act (VEVRAA). OFCCP is a program of the Department of Labor and is charged with enforcing affirmative action obligations of federal contractors and subcontractors.
OFCCP Releases New List of Contractor Establishments Scheduled for Likely Compliance Reviews
The Office of Federal Contract Compliance Programs (OFCCP) has sent out a new wave of Corporate Scheduling Announcement Letters (CSALs) to federal contractors with establishments scheduled for multiple compliance reviews before September 30, 2011 (the end of the Agency’s fiscal year). CSALs provide federal contractors advance notice regarding the number and location of establishments planned for compliance reviews by OFCCP. The latest wrinkle is that the letters generally appear to be addressed to the individual who certified the contractor’s EEO-1 report filing. In the past, the OFCCP addressed the CSAL to the “Chief Executive Officer” or other designated contact generically for each employer.
OFCCP Outlines New Audit Procedures
Recently, the Office of Federal Contract Compliance Programs (OFCCP) issued new procedures for conducting supply and service compliance reviews. While the directive is dated December 16, 2010, it was not released by the OFCCP until February 2011. The new procedures are in effect for supply and service evaluations scheduled on or after January 1, 2011.
OFCCP Issues New Procedures for Conducting Compliance Evaluations
Claiming that its previous Active Case Management (ACM) method for conducting compliance evaluations was only “of limited utility,” the Office of Federal Contract Compliance Programs has rescinded its ACM and instituted a new system.
OFCCP Asserts Jurisdiction Over Hospitals Providing Medical Services to Federal Employees and Military Personnel
The Office of Federal Contract Compliance Programs (OFCCP) has obtained favorable rulings from the Administrative Review Board in two recent decisions adverse to healthcare providers. Under these rulings, even in the absence of a direct contractual relationship with the U.S. government or one of its agencies, a healthcare provider may be deemed to be a federal government subcontractor for purposes of compliance with the federal affirmative action laws’ requirements. Unless these rulings are reversed by district courts on appeal, health systems must be aware that when a prime contract exists between the federal government and a health plan administrator through which medical services are provided to federal employees or military personnel, hospitals providing such services are likely to be viewed as federal subcontractors, subject to OFCCP jurisdiction. This means the hospitals should make efforts to comply with the OFCCP recordkeeping, posting, affirmative action, and reporting obligations. These obligations are a substantial burden for any hospital with no prior reason to engage in these efforts.
The OFCCP Extends Its Reach To Healthcare Providers
The Office of Federal Contracts Compliance Programs (OFCCP), the branch of the U.S. Department of Labor charged with overseeing affirmative action obligations, has recently targeted the healthcare industry for increased enforcement. Healthcare providers have comfortably operated for years under the belief that receipt of funding from the government does not subject them to the affirmative action obligations imposed on federal contractors, which includes creating an affirmative action plan and maintaining various records.
Down the Rabbit Hole Again: OFCCP Continues to Expand Jurisdictional Thresholds for Health Care Providers and Insurers
Despite ongoing litigation with health care providers and insurers, the Office of Federal Contract Compliance Programs (OFCCP) recently issued an extensive administrative directive to provide comprehensive guidance for assessing when health care providers and insurers are federal contractors or subcontractors. The December 16 directive emphasizes that OFCCP will assess contract coverage on a case-by-case basis; nonetheless, the directive provides a (perhaps premature) roadmap of possible jurisdictional issues for health care providers and insurers arising from their relationships with federal health care programs and/or participants.
OFCCP Proposes Rescinding Systemic Compensation Discrimination Standards and Voluntary Guidelines
Just about four years after the Office of Federal Contract Compliance Programs (OFCCP) issued its systemic compensation discrimination standards and guidelines for self-evaluation, the agency has proposed rescinding them.
OFCCP Changes
Since Director Patricia Shiu took the helm at the Office of Federal Contract Compliance Programs ("OFCCP"), the agency has made a significant shift from the enforcement strategies adopted during the Bush Administration. The past six months have been particularly active as the OFCCP has announced several major enforcement changes and initiatives, including its intent to abandon the three-phase audit process, strengthen affirmative action for disabled individuals and veterans, end I-9 reviews during on site audits, and change how it audits contractors' compensation practices. More changes are sure to follow as OFCCP pursues its stated mission of implementing "full scale, aggressive enforcement efforts in FY 2011."
OFCCP Moves To Undo Bush-Era Changes
The Office of Federal Contractor Compliance Programs recently announced its plans to rescind several procedures perceived as contractor-friendly that were put into place during the Bush administration.
OFCCP Proposes Rescinding Systemic Compensation Discrimination Guidance.
The federal Office of Contract Compliance Programs (OFCCP) has issued a Notice of Proposed Rulemaking (NPR) rescinding its 2006 Standards interpreting Executive Order 11246 with respect to systemic compensation discrimination and its Voluntary Guidelines for Self-Evaluation of Compensation Practices. The Notice was published in the Federal Register on January 3, 2011.
OFCCP Gets Tough
"We are going to be extremely proactive and aggressive. The message is it's a new day at the Department of Labor and it's a new day at the OFCCP," Patricia A. Shiu, Director of the OFCCP, Feb. 16, 2010.
OFCCP Jurisdiction Extends To Hospitals.
The Department of Labor's (DOL) Office of Federal Contract Compliance Programs (OFCCP) has won another major battle in its war to establish jurisdiction over hospitals and other health care providers. An administrative law judge (ALJ) decided, without a hearing, that the Florida Hospital of Orlando (FHO) is subject to federal affirmative action laws by virtue of its agreement to provide health care services to eligible TRICARE beneficiaries.
OFCCP To Again Issue Corporate Scheduling Announcement Letters.
The Chair of the National Industry Liaison Group for Affirmative Action Planning recently reported that he has been notified by the Office of Federal Contract Compliance Programs (OFCCP) that the federal agency plans to issue Corporate Scheduling Announcement Letters (CSAL) in the next two months. A CSAL is a courtesy notification to a federal contractor that two or more of its establishments are on the list to undergo a compliance evaluation during the current scheduling cycle (i.e., OFCCP's fiscal year of October 1 to September 30).
OFCCP to Discontinue I-9 Inspections During On-Site Reviews.
Reports indicate that Office of Federal Contract Compliance Programs Director Patricia Shiu wants the agency to discontinue inspection of employers I-9 forms during on-site compliance evaluations of federal contractor establishments. Director Shiu had reportedly said a new OFCCP directive relating to I-9 inspections will be out shortly.
OFCCP Soon Will Issue Next Round of Corporate Scheduling Announcement Letters
Jackson Lewis has learned that the Office of Federal Contract Compliance Programs (OFCCP) is readying its next round of Corporate Scheduling Announcement Letters (CSALs) for federal contractors with establishments slated for multiple compliance audits during the OFCCPs current fiscal year (October 1, 2010 through September 30, 2011). CSALs give federal contractors with more than one establishment advance notice of the locations slated for Agency compliance audits. The OFCCP stated in mid-November that it plans to mail the CSALs during the next two months.
OFCCP Rescinds Compensation Guidelines, Revives EO Survey
Office of Federal Contract Compliance Programs (OFCCP) Director Patricia Shiu recently announced that OFCCP's Interpretive Standards for Systemic Compensation Discrimination will be rescinded. This action was taken pursuant to a July 2010 recommendation by the National Equal Pay Enforcement Task Force.
OFCCP Submits Notice of Intent to Rescind Compensation Guidelines
The federal Office of Federal Contract Compliance Programs has submitted to the Office of Management and Budget notice of its intent to rescind its Systemic Compensation Discrimination Guidelines and Guidelines for Self-Evaluation for federal contractors. This begins the process of doing away with these Guidelines. The OMB must review proposed regulatory actions before such actions may be published in the Federal Register. There is no anticipated date for completion of OMBs review so the effective date is uncertain.
Administrative Law Judge Rules in Favor of Company in OFCCP Compliance Review Dispute.
On July 23, 2010, Administrative Law Judge Larry W. Price issued a significant ruling that clearly establishes the temporal scope of an OFCCP compliance review during the desk audit phase.
OFCCP Update.
As promised, OFCCP Director Patricia Shiu has ramped up enforcement for covered contractors and has expanded the focus of compliance reviews to include a detailed review of contractors' compliance with Section 503 of the Rehabilitation Act and VEVRAA.
Government Contracts: Look Before You Leap!
We all face uncertain economic times. As everyone knows, the federal government has passed the American Recovery & Reinvestment Act (ARRA) creating huge sources of funds to pay for various projects to "stimulate" the economy. Many companies, are now considering entering into contractual relationships with the federal government as contractors or subcontractors.
Dust Off Those "Other" Plans: OFCCP Getting Serious About VETS & Disability Obligations.
Although the Office of Federal Contract Compliance Programs stepped up enforcement of the Rehabilitation Act and the Vietnam Era Veterans Readjustment Assistance Act toward the end of the Bush administration, those efforts pale in comparison with the Obama administrations stated agenda. Patricia Shiu, the new Assistant Secretary over the OFCCP, has announced increased focus on enforcement regarding veterans and disabled workers. Contending that the agency had done literally nothing for the past eight years in the area of veterans and disability, Shiu promises change.
OFCCP Decision Issued 16 Years After Audit.
As noted by Michael Fox in a recent post on his Employer's Lawyer blog,, an OFCCP Administrative Law Judge (ALJ) just released a 66-page decision in a case that began with an audit notice in 1993. The case was bogged down in large part due to the banks contention that it was not selected for audit in accordance with its constitutional right under the Fourth Amendment to be free from unreasonable searches and seizures. That claim was ultimately unsuccessful. As a result of the delay, though, the bank found itself litigating claims about hiring practices dating back to 1993. Not surprisingly, the recollections of key witnesses such as the recruiters were foggy on some points.
OFCCP Announces Newly Scheduled "Listening Sessions".
The U.S. Department of Labor's Office of Federal Contract Compliance Programs (OFCCP) has announced three upcoming Town Hall "Listening Sessions," which will provide an opportunity for stakeholders to make suggestions to enhance the agency's existing regulations and improve compliance.
OFCCP Plans "Listening Sessions" on Upcoming Regulatory Actions.
The U.S. Department of Labor recently released its Semiannual Regulatory Agenda, in which the agency announced its regulatory agenda and priorities for the upcoming year. Included in this announcement are three planned regulatory actions by the Office of Federal Contract Compliance Programs (OFCCP). Before the OFCCP publishes official notices of proposed rulemaking on the regulations it plans to revise, it will conduct a series of "Web Listening Sessions." These sessions will discuss the agency's anticipated regulatory activities, give stakeholders the opportunity to make suggestions and recommendations to the agency and provide information on how to participate in the official rulemaking process. They will not, however, include presentations on the planned content of any future regulatory proposals and will not answer specific questions regarding the planned content of these proposals.
OFCCP Announces New Round of CSAL Letters.
The Federal Office of Contract Compliance Programs (OFCCP) has issued a new round of Corporate Scheduling Announcement Letters (CSAL). Although previously there was speculation that the agency would stop sending CSAL letters, this does not appear to be the case at least for this fiscal year. The CSAL letters do not require employers to take any specific action, but they do give employers a "heads up" regarding what facilities may be the subject of a future OFCCP compliance review.
OFCCP's $900,000 Settlement with Gerber Holds Lessons for Other Employers.
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."
OFCCP Update.
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.
A Sizzling Summer At The OFCCP!
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 womens rights in the workplace and helped draft legislation that led to the enactment of Californias 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.
"Higher And Higher": OFCCP Obtains Record $67.5 Million From Contractors.
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.
OFCCP Issues New Directives on Hiring Vets and Disabled Applicants.
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.
Voluntary Guidelines for Self-Evaluation of Compensation Practices (pdf).
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 OFCCPs requirements.
OFCCP Issues Formal Standards Regarding Systemic Compensation Discrimination (pdf).
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
OFCCPs requirements.
Open Letter Challenges OFCCP On Ability Tests (pdf).
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 OFCCPs 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.
Federal Contractors Beware of New and Revised OFCCP Regulations (pdf).
The Office of Federal Contract
Compliance Programs
(OFCCP) recovered a record
$45.2 million in financial remedies
for alleged discrimination in
2005.
Federal Contractor Compliance Update (pdf).
The Department of Labor's Office
of Federal Contract Compliance Programs
(OFCCP) has been busy of late.
Below is a summary of recent activity.
