The OFCCP has announced that it will hold a Twitter chat this Friday, September 13, 2013, from 2:00-3:00 EDT to discuss the new rules updating the regulations interpreting the Vietnam Era Veterans’ Readjustment Assistance Act of 1974 and Section 503 of the Rehabilitation Act. Information regarding the chat is available on the Department of Labor’s blog at: http://social.dol.gov/blog/join-the-conversation-on-twitter-accessjobs/.
Articles Discussing Affirmative Action
On August 27, 2013, the Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) issued a pre-release of the final version of its revised affirmative action regulations for protected veterans and individuals with disabilities. The OFCCP anticipated that these final regulations will be officially published in the Federal Register within two weeks. The effective date of the new regulations will be 180 days after the regulations are published in the Federal Register—approximately mid-March 2014.
Executive Summary: The Office of Federal Contract Compliance Programs (OFCCP) has announced final rules revising its Vietnam Era Veterans Readjustment Assistance Act (VEVRAA) and Rehabilitation Act regulations. The rules will take effect 180 days after publication in the Federal Register.
As expected, the Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) has wasted no time in finalizing rules amending federal contractor affirmative action requirements for veterans and individuals with disabilities. The first rule amends regulations governing the Vietnam Era Veterans’ Readjustment Assistance Act of 1974 (VEVRAA), while the other updates Section 503 of the Rehabilitation Act of 1973 (Section 503) .
The DOL’s Office of Federal Contract Compliance Programs (OFCCP) has released an updated version of its Federal Contract Compliance Manual (FCCM). Spanning more than 500 pages and eight chapters, the FCCM provides a general framework for how federal contractor compliance evaluations and complaint investigations are conducted.
Executive Summary: The Office of Federal Contract Compliance Programs (OFCCP) has sent its final rules amending federal contractors’ affirmative action and nondiscrimination obligations toward disabled persons and protected veterans to the Office of Management and Budget (OMB) for review. Review by the OMB is the final step before an agency rule is finalized and published.
After briefly posting notices of the Corporate Scheduling Announcement Letters (CSAL) on its website on July 18, the Office of Federal Contract Compliance Programs (OFCCP) has now removed the posting. As noted in our July 19 Legal Alert, the OFCCP indicated that the release of the CSAL was accidental, and it has not yet implemented its policy of posting CSAL letters online. To review a spreadsheet of the companies that were identified on the OFCCP’s list, please click here. We will continue to monitor this situation for any further developments.
Executive Summary: The Office of Federal Contract Compliance Programs (OFCCP) has indicated that it plans to publish final regulations regarding federal contractors’ affirmative action and nondiscrimination obligations toward individuals with disabilities and certain protected categories of veterans this month (July 2013). The final regulations could impose substantial new and different requirements on federal contractors in these areas.
Executive Summary: The Office of Federal Contract Compliance Programs (OFCCP) has issued an announcement both reassuring covered contractors that seeking compliance assistance will not trigger a compliance review but also noting that seeking such compliance assistance will not shield the company from a review scheduled in accordance with OFCCP’s selection guidelines.
Executive Summary: The Office of Federal Contract Compliance Programs (“OFCCP”) has jurisdiction over three hospitals that provided medical services to federal employees who were members of an HMO, according to Judge Paul L. Friedman of the United States District Court for the District of Columbia. The hospitals, located in Pittsburgh, contracted with a prime contractor, the UPMC Health Plan, which had a contract with the federal government to provide medical services to federal employees. Despite the fact that the hospitals did not have an EEO clause in their contracts, and contrary to the arguments that the hospitals raised, the court found that each of the hospitals was a subcontractor that performed services necessary to the performance of the prime contract. Accordingly, even though the hospitals never consented to be bound by OFCCP’s requirements, the court found that OFCCP had jurisdiction over each of the hospitals. UMPC Braddock, et al. v. Seth D. Harris, Civil Action No. 09-1210 (PLF)(D.D.C. 3-30-13).
Executive Summary: The Office of Federal Contract Compliance Programs (OFCCP) recently issued a new round of Corporate Scheduling Announcement Letters (CSALs), which notify an establishment that it has been selected to undergo a compliance review during the next scheduling cycle. These letters are not actual audit letters but rather a courtesy notice that a compliance review will likely start in the near future. Contractors who receive such letters should take steps to ensure their affirmative action plans and adverse impact analyses are complete and ready for submission and that compensation systems are reviewed and ready to be defended.
The Office of Federal Contract Compliance Programs (OFCCP) announced that it is rescinding its “Voluntary Guidelines” and “Compensation Standards,” which the agency adopted in 2006 to evaluate pay discrimination claims against federal contractors. In their place, OFCCP has issued Policy Directive 307, which sets out the procedures OFCCP investigators will use to review the systems and practices by which government contractors pay their workers. The Directive is available on OFCCP’s web site at: http://www.dol.gov/ofccp/regs/compliance/CompGuidance/index.htm.
Executive Summary: The Department of Labor’s Veteran’s Employment and Training Services (VETS) has announced that it is extending the deadline for the submission of VETS-100/VETS-100A reports from September 30 to October 31, 2012.
The OFCCP recently published two notices announcing the rescission of certain agency directives that either contain outdated information or address issues that are addressed in other agency materials. The OFCCP maintains a Directive System as one means of distributing guidance to its staff members and to the public. The OFCCP has been reviewing agency directives since December 2011 to determine whether they should remain active or be rescinded.
The Obama Administration’s recently issued policy directives and the issuance of new guidance documents by the Equal Employment Opportunity Commission (EEOC) suggest increased scrutiny on the part of the EEOC when it comes to the hiring and employment of veterans, particularly those who may be disabled.