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Employers Have Until August 4 to Implement New OFCCP Disability Self-Identification Form

On May 8, 2020, the Office of Management and Budget approved the Office of Federal Contract Compliance Programs’ (OFCCP) updated form for prospective and current employees to voluntarily self-identify as an individual with a disability. The form is applicable to federal contractors and subcontractors subject to Section 503 of the Rehabilitation Act, which requires contractors to invite applicants to self-identify as disabled at the pre-offer stage, and to invite new hires and incumbent employees to self-identify. Federal contractors use this self-identification information to support required affirmative action programs.

OFCCP Receives Approval of Modified Section 503 Disability Self-ID Form

OFCCP announced today it has received approval of a modified Self-Identification form for individuals with disabilities. One of the biggest changes is the form is now one page, instead of two.

OFCCP Posts Guidance on Upcoming Veteran Focused Reviews

As anticipated, but with little fanfare, OFCCP has published a VEVRAA Focused Review landing page. Much like the page it created for Section 503 Individuals with Disabilities Focused Reviews, the Agency’s veterans technical assistance page provides FAQs and Best Practices.

OFCCP Issues Ombuds Service Protocol Detailing the Role of the Ombudsman

In the third of three new Directives (Directive (DIR) 2020-04), OFCCP has formalized and clarified the role of the Ombudsman in facilitating resolution of conflict between contractors and OFCCP.

OFCCP Formalizes a Neutral Mediation Program to Address Discrimination Allegations

In the second of the three most recent OFCCP Directives, OFCCP has formalized a pre-referral mediation program “to provide the best opportunity for resolving matters before significant time and resources are spent in the enforcement process,” and prior to referring the case for enforcement to the Office of the Solicitor (SOL).

OFCCP Issues Directives Aimed at Maximizing Efficiency in Compliance Evaluations and Clarifying the Ombudsman Role

On April 17, 2020, the Office of Federal Contract Compliance Programs (OFCCP) issued three new directives it describes as further demonstrating “its strong commitment to resolving cases promptly to obtain significant remedies for affected workers, while minimizing burden and delay for federal contractors seeking to comply.” Namely:

OFCCP Releases New Directives to Improve the Enforcement Experience, Including a Commitment to Increase Efficiency In Audits

In case any of you have been wondering, OFCCP is not slowing down amidst the COVID-19 pandemic. While the Agency has been thoughtful and reasonable in extending response times for audits and even granting a National Interest Exemption for new contractors helping respond to the pandemic, OFCCP continues to schedule new audits, now with newly approved revised scheduling letters, as well as issue new guidance.

OFCCP’s New Scheduling Letters Result in Few Changes for Contractors

As we previously reported, OFCCP finally received approval of its new scheduling letters – and as a result federal contractors and subcontractors will be required to submit some additional information when selected for a Department of Labor compliance review. So, what’s new? As it turns out, not much. Most of the most significant changes in the OFCCP’s requested scheduling letters were not adopted.

New OFCCP Scheduling Letters Finally Approved

At long last, OMB has finally approved OFCCP’s request to modify its scheduling letters, as well as approve a scheduling letter for VEVRAA Focused Reviews.

OFCCP Says AAP Data Safe While the Agency Works Remotely

When federal contractors share sensitive data – including pay data – with the OFCCP, data security is always a concern. Is your data any less secure during the COVID-19 pandemic as more compliance officers than usual work from home?
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