Affirmative Action News

NELI Webinar Discusses OFCCP's Proposed Section 503 Amendments

2012-01-17T14:12:00.001-08:00

The National Employment Law Institute (NELI) conducted an interactive webinar last week where they discussed the OFCCP’s proposed amendments to Section 503 of the Rehabilitation Act of 1973. Many people expressed their opinion of the proposed changes and NELI’s presenters provided guidance on the ramifications and processes for contractors to follow should they wish to submit public comment to the OFCCP.

If you missed the presentation from NELI, the Employment Law Daily has provided an informative summary of NELI’s review:

http://www.employmentlawdaily.com/index.php/news/contrary-to-ofccp-assertions-proposed-hiring-goal-for-individuals-with-disabilities-is-a-quota-says-expert-but-it-would-not-be-unlawful/

"Contrary to OFCCP assertions, proposed hiring goal for individuals with disabilities is a quota, says expert, but it would not be unlawful.
Despite the OFCCP's statements to the contrary, the proposed national utilization goal for individuals with disabilities contained in the OFCCP’s proposal to amend its regulations implementing Section 503 of the Rehabilitation Act of 1973 is a quota. This was stated by OFCCP expert John C. Fox during the NELI webinar about the proposal. He explained, however, that hiring quotas for the disabled are lawful because individuals without disabilities are not a protected class. Disability law expert David K. Fram joined Fox for the January 10 webinar on the OFCCP’s Notice of Proposed RuleMaking (NPRM) that was published in the Federal Register on December 9, 2011 (76 FR 77056-77105)."
[Read the full Employment Law Daily post]

The last day to post comment on the Section 503 amendments is February 7, 2012.

OFCCP Webinar Presentation: Proposed Revisions to Section 503 Regulations

2012-01-05T13:03:00.000-08:00

On December 9, the U.S. Department of Labor announced a proposal to strengthen the affirmative action requirements of federal contractors to improve employment for individuals with disabilities. This historic effort to revise and update Section 503 of the Rehabilitation Act has generated considerable interest from workers, advocates, employers and other stakeholders as evidenced by the high participation rates for two informational Webinars OFCCP held during December 2011.

Based on this demand, the OFCCP is offering another Webinar on the Section 503 NPRM on January 11, 2012 from 2:00 p.m. to 3:30 p.m. OFCCP Branch Chief for Policy Naomi Levin will review highlights of the proposed rule and discuss how you can weigh in on the process.

The OFCCP invites you to attend this Web seminar using WebEx. This event requires registration.

Meeting Details:

Topic: Section 503 of the Rehabilitation Act Notice of Proposed Rule Making
Date: Wednesday, January 11, 2012
Time: 2:00 pm, Eastern Standard Time (New York, GMT05:00)

To register for the online event:

Click here to register for the online event.
Click "Register".
On the registration form, enter your information and then click "Submit".

Once your registration has been processed, you will receive a confirmation email message with instructions on how to join the event.

OFCCP Sends Corporate Scheduling Announcement Letter (CSAL)

2011-12-29T10:01:00.000-08:00

The OFCCP (Office of Federal Contract Compliance Programs) has once again sent out the CSAL (Corporate Scheduling Announcement Letter) to Federal Contractors. The CSAL gives Federal contractors advance notice that their facilities have been placed on an audit list and will most likely be audited within the coming weeks.

CSAL Sample (December 2011): http://www.dol.gov/ofccp/regs/compliance/CSAL_Letter_21DEC11.pdf

What should you do if you receive a CSAL? Get assistance immediatly!

Find a consultant with an excellent track record of helping clients successfully navigate through audits. Your AAP needs to be "audit ready" and you need to be prepared to address problem areas within your AAP prior to delivering your AAP to the OFCCP.

Remember, the OFCCP is particularly interested in the following:

1. Adverse Impact in Applicants vs. Hires
2. Validation studies/reports of pre-employment tests
3. Pay disparity where differences in pay exceed $2,000 and 2%

Please note: If you have calendar AAPs you are particularly vulnerable because your AAP may not be complete prior to receiving an audit letter. And, if you write fiscal AAPs and you are six months into your AAP year you will be required to submit up-to-date data along with your AAP.

Voluntary Use of Race to Achieve Diversity in Postsecondary Education

2011-12-23T15:18:00.000-08:00

The New York Times, and several other Associated Press publications, recently wrote about the Obama administration’s 10-page guideline that essentially "throws out" the Bush-era interpretation of a Supreme Court ruling that limited affirmative action in admissions. The new guideline provides Postsecondary Education with practical remedies to achieving diversity among their student population. See below to read the full New York Times article.

By: SAM DILLON
Published: December 2, 2011
http://www.nytimes.com/2011/12/03/education/us-urges-campus-creativity-to-gain-diversity.html

"The new guidelines issued by the Departments of Justice and Education replaced a 2008 document that essentially warned colleges and universities against considering race at all. Instead, the guidelines focus on the wiggle room in the court decisions involving the University of Michigan, suggesting that institutions use other criteria — students’ socioeconomic profiles, residential instability, the hardships they have overcome — that are often proxies for race. Schools could even grant preferences to students from certain schools selected for, among other things, their racial composition, the new document says."

Read the 10-page Guidance on the Voluntary Use of Race to Achieve Diversity in Postsecondary Education (http://www.justice.gov/crt/about/edu/documents/guidancepost.pdf)

Secrets of Affirmative Action Compliance

2011-12-22T11:40:00.000-08:00

2012 is just around the corner now. HR Managers, this is the perfect time to consider the changes in the EEO industry and how they relate to your 2012 Affirmative Action planning. With this in mind, we’d like to share a valuable resource with you from William Truesdell.

During December only, you can get Secrets of Affirmative Action Compliance (9th Edition) by William Truesdell, SPHR for only $49.98 … a 60% SAVINGS!

This special price is available only through
the Management Advantage HR Web Store.
Visit http://www.management-advantage.com/products/AAP9.htm and enter the code “Secrets-of-AAP” (without the quotes) at checkout to receive your 60% discount.

Each book hardcopy includes a CD-ROM containing the Secrets of Affirmative Action Compliance (9th Edition) in e-book format ( PDF) along with the following documents:

Samples of Government Forms

EEO-1 Form + Instructions
EEO-3 Form + Instructions
EEO-4 Form + Instructions
EEO-5 Form + Instructions
Corporate Scheduling Announcement Letter (CSAL)
Standard Compliance Review Report (SCRR)
VETS-100 Report + Instructions
VETS-100A Report + Instructions

Excel Templates

Job Applicant Log
New Hire Log
Promotion/Transfer Log
Termination Log

Sample Letters

Annual Letter to Vendors
Response to Customer Demand for EEO Certification

Visit the Management Advantage HR Web Store to take advantage of their December only special. Purchasing Secrets of Affirmative Action Compliance (9th Edition) by William Truesdell, SPHR now could save you both time and money in the New Year.

Webinar: OFCCP Proposed Section 503 Regulation Revisions

2011-12-14T14:33:00.000-08:00

The OFCCP is answering the call from the contracting community and will be conducting a webinar to review their Notice of Proposed Rule Making (NPRM) published on December 9, 2011 covering Section 503 Regulation Revisions. The following was provided by the OFCCP.

Space is limited. Reserve your webinar seat now at:

https://www1.gotomeeting.com/register/363191569

Attend the webinar to review the Proposed Section 503 Regulation Revisions. This will be an informational session on the Notice of Proposed Rule Making (NPRM) published on December 9, 2011. During the presentation Policy Branch Chief Naomi Levin will review the highlights of the NPRM and tell you how you provide comments on the proposed rule.

Ms. Levin joined the Department of Labor in May of 2008, after more than 20 years as a Senior Attorney at EEOC. Her accomplishments at EEOC include co-authoring the Commission’s original ADA regulations, conducting numerous ADA and Rehabilitation Act trainings around the country, and serving as a Special Assistant and advisor to two EEOC Commissioners.

Title: OFCCP Proposed Section 503 Regulation Revisions

Date: Tuesday, December 20, 2011

Time: 2:00 PM - 3:30 PM EST

After registering you will receive a confirmation email containing information about joining the webinar.

Census 2010: December Update to Census / SOC Crosswalk File

2011-12-14T11:18:00.000-08:00

Three (3) more changes to the crosswalk table that was sent with the "Sixth Informal Update on Status of ACS 2006-2010 Special EEO File."

Table of Changes to Census/SOC Crosswalk (PDF)
Complete (Revised) Census/SOC Crosswalk (PDF)

The April 4, 2011 version of the Census to SOC to OPM and EEO job codes is the base document from which changes are being made This version of the table incorporates all changes to date and is not expected to be revised again until the final version is released in December 2012. The changes made to this crosswalk table were the result of additional discussions among staff from Census, the Bureau of Labor Statistics, EEOC and other individuals or organizations. The three changes were in the assignment of Census/SOC occupations into the EEO-1 (9) and EEO (14) categories, as can be seen in the attached document on changes.

Also, the number of detailed Census occupations contained in this table is the maximum that could be released by Census. However, due to Census rules protecting confidentiality, the number of occupations may have to be reduced. As with previous versions of the Special EEO File, the reduction will achieved by combining smaller occupations with similar categories so that confidentiality will not be compromised.

DOL Pressing for More Employment Opportunities for Individuals with Disabilities

2011-12-08T12:26:00.000-08:00

The Department of Labor, through the Office of Federal Contract Compliance Programs, continues to press for more employment opportunities for individuals with disabilities.

“The U.S. Department of Labor is proposing a new rule that would require federal contractors and subcontractors to set a hiring goal of having 7 percent of their workforces be people with disabilities, among other requirements. The department's Office of Federal Contract Compliance Programs invites public comment on this proposal, which will be published in the Dec. 9 edition of the Federal Register.

“OFCCP's proposed rule would strengthen the affirmative action requirements established in Section 503 of the Rehabilitation Act of 1973 obligating federal contractors and subcontractors to ensure equal employment opportunities for qualified workers with disabilities. The proposed regulatory changes detail specific actions contractors must take in the areas of recruitment, training, record keeping and policy dissemination — similar to those that have long been required to promote workplace equality for women and minorities. In addition, the rule would clarify OFCCP's expectations for contractors by providing specific guidance on how to comply with the law.”

Click here to read the full press release:

http://www.dol.gov/opa/media/press/ofccp/OFCCP20111614.htm

Census 2010: Changes / Additions to Sixth Informal Update

2011-11-30T16:10:00.000-08:00

Revisions to the "Sixth Informal Update on Status of ACS 2006-2010 Special EEO File" have been posted.

Table of Changes to Census/SOC Crosswalk (PDF)
Complete (Revised) Census/SOC Crosswalk (PDF)

Per Joseph Donovan:

"In summary, there were 23 changes. Seven of them reflected an improvement - by Census - in titles for groups of occupations and 13 of them contained information on which occupations were contained in an occupational code that contained an X rather than a number.

For example, in the previous crosswalk, the Census code of 1020 for software developers indicated that the matching SOC codes were in the 15-113X series. In this version, the table indicates that 15-113X consists of a combination of 15-1132 and 15-1133. Hopefully, this updated and expanded crosswalk will be helpful."

US Labor Department Files Complaint Against Cargill Meat Solutions for Discrimination at Springdale, Ark., Facility

2011-11-30T14:29:00.000-08:00

In what is (potentially) one of the larger enforcement initiatives for 2011, the OFCCP has filed a complaint with the Office of Administrative Law Judges (ALJ) alleging hiring discrimination against over 4,000 applicants for entry-level production jobs at Cargill Meat Solutions’ Springdale, Arkansas facility. The Agency is seeking job offers and “make-whole relief” (i.e., back-pay, benefits, interest) for at least 167 “affected class members.” Filing with the ALJ is the next step in enforcement proceedings when attempts at a conciliation agreement are unsuccessful.

To those of you familiar with the OFCCP’s enforcement strategies, this should come as no surprise. With all the discussions around compensation, veterans outreach/recruitment, and postings, the Agency’s bread-and-butter is still centered firmly on investigating adverse impact in the hiring process. Stay tuned for additional information as the ALJ proceedings unfold.

Census 2010: Sixth Informal Update on Status of ACS 2006-2010 Special EEO File

2011-11-28T15:42:00.000-08:00

In the third Census 2010 update we received, [Joseph Donovan] stated that the American Community Survey (ACS) 2006-2010 Special EEO File would not contain a "disability" measure due to technical reasons, i.e., a "break-in-series" problem. However, one of the federal agencies sponsoring the creation of the upcoming Special EEO File has indicated to Census that it would like to have a Special File or Tabulation created that would include a "disability" measure. My current understanding is that it will not be part of the official ACS 2006-2010 Special EEO File but it will be released at the same time, i.e., December 31, 2012.

The files included in this informal update are for providing you with the essentially final version of both the new county/county set definitions and the new Census/SOC crosswalk. Although these two tables are nearly set in stone, they are subject to being revised up until the Special File is finally and formally released.

PDFs available for download:

County/County Set Definitions

Census/SOC Crosswalk

Excel files available upon request from staff@biddle.com

"Hire a Veteran" - President Obama signs the Veterans Opportunity to Work to Hire Heroes Act of 2011

2011-11-23T16:20:00.000-08:00

Federal contractors who had undergone recent audits can attest to the fact that the OFCCP is stepping up their expectations and efforts with regards to outreach programs geared towards recruitment (and hiring) of more veterans. The OFCCP has gone beyond just asking for proof of job postings, but has also asked for proof of the contractor's active relationship with their local veteran's office and their utilization of the Department of Labor’s veteran outreach tools (e.g., asking for the local veteran’s office's contact information, when was the local office last contacted, etc.). This is also coupled with the expected Spring 2012 release of the revised regulations regarding the implementation of section 4212 of the VEVRAA (Vietnam Era Veterans' readjustment Assistance Act of 1974).

The current administration's focus on assisting the veterans to be part of the productive workforce has once again became apparent when President Barack Obama signed the "VOW [Veterans Opportunity to Work] to Hire Heroes Act" into law on Monday, November 21, 2011. This is another stepping stone for the Obama Administration in their high pursuit of making sure that our service members will have jobs available when they come home.

Read full article: Veterans Opportunity to Work to Hire Heroes Act of 2011

A Case for Reviewing Hiring and Selection Processes

2011-11-17T16:55:00.000-08:00

Based on a compliance evaluation of Nishimoto Trading Co.'s Santa Fe Springs facility conducted by OFCCP's Los Angeles District Office, investigators determined that Nishimoto failed to ensure qualified job applicants received equal consideration for employment without regard to gender as required by Executive Order 11246. Under the terms of the settlement agreement, Nishimoto will extend job offers to 14 women in the original class as sales associate positions become open.

Nishimoto Holding Company seeks to improve training for personnel involved in the selection process and will undertake extensive self-monitoring measures to ensure that all hiring practices fully comply with the law and immediately correct any discriminatory practices.

Companies can proactively assess their selection processes to minimize risk.

Review the outcome of the Nishimoto Trading Co. gender discrimination case

OFCCP Audits 101: What Happens When You Withhold Compensation Info and/or Data?

2011-11-16T09:44:00.000-08:00

If you are thinking of withholding compensation information and/or data from the OFCCP during an audit, think twice. The US District Court ruled that the United Space Alliance will have to provide access to information to the US Labor Department to address the issues raised during its initial compliance review.

Read the complete article:

US district court rules United Space Alliance must give US Labor Department access to information for review of its Cape Canaveral, Fla., facility [11/15/2011]

New Veterans Initiatives

2011-11-09T08:02:00.000-08:00

Highlights from the most recent ODEP Newsletter

As members of our Armed Services return from active duty and seek employment in the private sector the Obama administration continues to show their support by providing resources through New Veterans Initiatives directed by the Department of Labor.

To learn more, check out the latest post found on the Office of Disability Employment Policy Newsletter’s web site. http://www.dol.gov/odep/newsletter/

Secretary Hilda Solis Unveils New Veterans Initiatives

Leading the department's annual "Salute to Veterans" ceremony on Thursday November 3, Secretary Solis used the forum to announce new initiatives designed to help military personnel receive training, find jobs and transition back into civilian life, including a curriculum redesign of the Transition Assistance Program.

Learn more about the new veterans initiatives in the DOL Newsletter

ODEP Offers Resources for Veterans with Disabilities

ODEP supports a number of initiatives to help Veterans and returning Service Members with disabilities understand training and employment services that may be available to them. Additionally, it provides educational resources to help employers hire and support wounded warriors.
Learn more about resources available for veterans with disabilities

For more news and Office of Disability Employment Policy Resources by Topic,
visit ODEP's topic page.

If you have questions regarding the New Veterans Initiatives and what they may mean for your organization or company, please let us know:

BiddleAAP.com - affirmative action planning consulting and software

Phone:1-800-999-0438

E-mail: staff@biddle.com

Online contact form: contact form

Waiting for Your Letter of Compliance?

2011-11-09T06:28:00.000-08:00

Tired of waiting for your Letter of Compliance but don't want to contact the OFCCP? It's possible that the OFCCP sent you the letter but it never made it to your desk. One solution is to check the National Pre-award Registry to see if your location is on the list...if it is, your audit has been closed.

http://www.dol-esa.gov/preaward/pa_reg.html

The National Pre-Award Registry provides information concerning Federal Contractors, that have been reviewed by the Office of Federal Contract Compliance Programs (OFCCP). These Federal Contractors have been found to be "In Compliance" with the Equal Employment Opportunity (EEO) regulations that the OFCCP is mandated to enforce. The information contained in this Registry is for a past two-year period from today. The Registry is updated nightly and facilities reviewed more than 2 years ago are removed as new ones are added.

This Registry provides two primary functions:

A search Engine that will enable you to search the Registry (in ascending or descending order) using the Name of the Contractor Facility; and
The capability to download the entire Registry (about 1 Mb) to your location. Once downloaded, this information can then be imported into any word processor, spreadsheet, or database software package.

“How to Prepare for an OFCCP Audit”: Webinar with Retired OFCCP Officer Sandra Hueneman

2011-11-04T13:19:00.001-07:00

Are you ready for an OFCCP Compliance Evaluation?

BCGi is pleased to present guest speaker Sandra Hueneman, a recently retired OFCCP officer, to help you prepare for an OFCCP audit.

This free webinar will provide a brief overview of the OFCCP Compliance Evaluation and the importance of being prepared. Your preparation now can help you to not be the subject of a discrimination finding or costly litigation.

When:
Tuesday, November 8, 2011
10:00 AM to 11:30 AM PST
Register:
https://www1.gotomeeting.com/register/305636616

She will cover various topics including:

OFCCP Compliance Evaluations in 2011
What employers need to document about the Compliance Evaluation and why
What to review and consider prior to submitting your Affirmative Action Plans (AAP)
What to do once AAPs are submitted
The Affirmative Action Plan through the eyes of OFCCP
Additional data requests from OFCCP
Results of OFCCP’s Compliance Evaluation and resolution
Department of Labor’s Enforcement Database (and what it means to employers!)

This webinar will be available for HRCI credits.

Don’t miss out on this valuable presentation!

This webinar is offered at no charge by
the Biddle Consulting Group Institute of Workforce Development.
Find out the how you can benefit from a BCGi membership!
(Free Standard & Premium Platinum Membership available)

Mid-Atlantic and Northeast Leadership Announcements

2011-11-04T12:07:00.000-07:00

News from the NILG:

"The OFCCP continues to evolve! The OFCCP (Office of Federal Contract Compliance Program) has announced the following changes in leadership in the Mid-Atlantic and Northeast Regions.

Vincent Whipple – Deputy Regional Director, Mid-Atlantic Region

Vincent Whipple began his federal service in the U.S. Army in 1989. He is a veteran of Operation Desert Shield and Operation Desert Storm, with over 5 years of military service. In 1999, Vincent joined the OFCCP in the Mid-West Region’s Indianapolis Area Office as a Compliance Officer. He was promoted to Assistant District Director of the Birmingham, AL District

Office in 2005. After transferring to the Northeast Region as an Assistant District Director at the Mountainside, NJ District Office Vincent was promoted to District Director in 2007. Vincent is currently the Director of Operations for the Mid-Atlantic Region.

Sam Maiden – Deputy Regional Director, Northeast Region

Sam Maiden began his career with OFCCP in 2000, as a Compliance Officer in the Miami office. In 2005, he was promoted to Assistant District Director – Charlotte. As an ADD, his office settled a systemic discrimination hiring case benefiting over 2,000 minorities and females and totaling over $10 million. Additionally, Mr. Maiden collaborated with several Southeast team

area offices and Regional Office team members to settle another systemic discrimination hiring case involving three poultry plants. These cases benefited over 5,000 rejected applicants and totaled over $17 million. In 2008, he was promoted to Director, Program Operations – Southeast. In that position, he was responsible for the daily oversight of program operations within the Regional Office. This includes the legal sufficiency of all compliance reviews and complaint investigations. He provided training and guidance to staff members, coordinating and presenting regional webinars, and training conferences. Topics included: Current Executive Order and Section 503/VEVRAA AAP; Personnel Activity Data Analyses, Impact Ratio Analyses; Compensation Analysis; Goals Analyses; Good Faith Effort Analyses; Relevant Records Examinations; Witness, Management and Employee Interviews; and Appropriate Remedy and Resolution.

During 2011, he participated in the development and negotiated resolution of approximately 50 discrimination cases benefiting over 1,800 women and minority class members with total monetary settlements over $10 million. These cases involved some of the nation's largest employers and resulted in these federal contractors changing their employment policies and practices. This is consistent with the agency's key mission of good jobs for everyone.

Mr. Maiden has been successful in implementing the strategic goal of focusing on effective enforcement. He focused staff on wage-based compensation disparity, Section 503 and VEVRAA cases promoting innovation, efficiency, and greater effectiveness. During FY 10 &11, he has been

involved in the hiring, training and oversight of additional staff. His involvement in these activities achieved the objective of a diverse and inclusive workforce.

Prior to joining OFCCP, Mr. Maiden served in the Peace Corps as a small business advisor in rural Haiti. Mr. Maiden has a bachelor's degree from Michigan State University and a master’s degree in Public Administration from the University of Illinois at Chicago.

Dianna Lynn Adams – Assistant District Director Richmond

Dianna Lynn Adams began her federal career in 1988 employed as an Employee Developmental Specialist with the Internal Revenue Service. Dianna joined OFCCP as an Equal Opportunity Specialist in the Indianapolis District Office in 1999. Dianna was promoted to Assistant District Director in Detroit District Office in 2009.

Dianna obtained her under graduate degree from Kentucky State University obtaining a Bachelor of Science degree in Business Administration and her graduate degree from Indiana Wesleyan University obtaining a Master’s degree in Science Management.

Philemon Rheins – Assistant District Director Pittsburgh

In May 2002, Philemon (pronounced fil-la-mon) Rheins was hired as a Compliance Officer in the U.S. Department of Labor’s Office of Federal Contract Compliance Program (OFCCP) Buffalo Area Office. During his tenure as a Compliance Officer with OFCCP, he has received two (2) U.S. Department of Labor Secretary's Exceptional Achievement Awards for compliance review

findings that resulted in a substantial amount of back pay and hiring of minorities and females. Philemon served as a Petroleum Supply Specialist in the U.S. Army from September 1984 to November 1987. After receiving an honorable discharge, Philemon obtained employment at Youngstown State University (YSU). In 1996, Philemon was hired as a Research Coordinator in YSU’s Office of Affirmative Action. From 1999 to May 2002, he also worked as an Affirmative Action Coordinator at Kent State (Ohio) University.

Philemon is a native of Youngstown, Ohio. And earned the following degrees while enrolled in YSU: A.A.B. in accounting technology, A.B. in American studies and M.A. in history. During his academic tenure at YSU, Philemon was inducted into the Phi Kappa Phi Honor and Phi Alpha Theta Honorary History Societies. His other academic honors also include the B’nai B’rith Graduate History Student Award and Alpha Kappa Alpha Educational Foundation Award.

Kevin Kollgaard – Assistant District Director Mountainside

Kevin Kollgaard began in federal career in 1990 as an Equal Opportunity Specialist with the United States Department of Education, Office for Civil Right (OCR) in New York City. At OCR he investigated discrimination complaints, and conducted extensive ADA reviews of secondary and college campuses. He later moved to Florida, and work in the Equal Opportunity Office at Florida Atlantic University, in Boca Raton. In both positions he helped improve access to education for future workers.

In 2003, he returned to Federal Government with OFCCP, at the Mountainside District Office. During his tenure as a Compliance Officer, he had several cases of discrimination with financial settlements that include, but not limited to, back-pay, job offers, and injunctive relief.

Kevin Kollgaard graduated from Alfred University with a degree in Political Science."

Vets100 Online Reporting Application Now Live

2011-11-01T13:31:00.000-07:00

The VETS website for filing the 2011 VETS-100/VETS-100A reports is now open. Here are several things that contractors need to know:

All contractors need to re-register before they can file their 2011 reports. All historical accounts and information are no longer available due to the system change at the VETS office. Hence it becomes imperative for all users/contractors to re-register. Upon completion of re-registration, contractors will be provided with a new company number and password to access the VETS-100/100A filing system.

>>To register a company for the 2011 cycle : Register for the current cycle.
The time frame for the information has not changed. The reporting period for the data remains the same (i.e., any payroll period from July 1 through September 30). Contractors can start submitting their reports from November 1, 2011 to December 30, 2011. However, no reports will be accepted after December 30, 2011.
Contracting officers should not withhold funds to contractors due to late filing of 2011 reports. Contractors should not be penalized for not filing their VETS-100 for the 2011 cycle yet. The filing cycle is still open. Contracting officers can, however, handle the contracts according to VETS 100/100A regulations if and when the contractors failed to file their reports by December 30, 2011.
Reports for the 2010 cycle. Contractors who failed to submit their 2010 cycle reports are given the chance to file their reports. The 2010 forms are now available.
Please e-mail VETS100-customersupport@dol.gov

More information can be found here:

http://www.dol.gov/vets/programs/fcp/main.htm

Questions may be directed to VETS Service Center at:

email: VETS100-customersupport@dol.gov
phone: 1-866-237-0275

If the BCG team can be of service to you, please let us know:

phone:1-800-999-0438
email: staff@biddle.com
online contact form: contact form

Final Comments Due: OFCCP's Scheduling Letter and Itemized Listings

2011-10-27T09:19:00.000-07:00

Final comments regarding the OFCCP’s request to change the Scheduling Letter ((OMB NO. 1250-0003 (formerly 1215-0072)) and accompanying Itemized Listings are due tomorrow, October 28, 2011. Comments may be submitted through any of the following methods and should reference OMB Control Number 1250-0003:

By mail:

Office of Information and Regulatory Affairs

Attn: OMB Desk Officer for the Department of Labor-OFCCP

Office of Management & Budget, Room 10235

Washington, D.C. 20503

By facsimile: 202-395-6881

By email: OIRA_submission@omb.eop.gov

Review comments at:
http://www.regulations.gov (type in keyword "2011-11570")

Supporting Documentation:

http://www.regulations.gov/#!documentDetail;D=OFCCP-2011-0003-0006

OFCCP: Federal Contractor Agrees to Pay $600,000 to Applicants in Recent Hiring Discrimination Case

2011-10-20T16:09:00.000-07:00

The U.S. Department of Labor's Office of Federal Contract Compliance Programs today announced that federal contractor Caviness Beef Packers Ltd., doing business as Palo Duro Meat Processing Inc. in Amarillo and Caviness Packing Co. in Hereford, has agreed to a settlement resolving findings that the company discriminated against job applicants on the bases of race and gender by rejecting them for positions at the company's two meat processing facilities.

Read more about this hiring discrimination case at: http://www.dol.gov/opa/media/press/ofccp/OFCCP20111521.htm

US DOL Extends Submission Date for VETS-100 Report Again

2011-09-29T14:21:00.001-07:00

The Department of Labor Vets department has posted another extension to the Vets 100 filing deadline. See the link and details below:

http://www.dol.gov/vets/programs/fcp/main.htm

Special Announcement — Further Extension!

2011 VETS 100 Filing Cycle

Please Read Below

The Department had planned to begin accepting electronic submissions of VETS 100/VETS-100A forms on August 1, 2011. However, there are currently technical problems preventing contractors from carrying out these submissions. The Department is aware of this issue and is working to correct it. It was initially anticipated that the problem would be resolved within 60 days. This has been extended a further 30 days. Accordingly, the Department anticipates that the electronic filing system will go online November 1, 2011.

To address the delays in reporting caused by these technical problems, the Department will not initiate enforcement actions against contractors who submit the VETS-100/VETS-100A from November 1, 2011 through December 30, 2011. Unless a further update is given or other recognized exceptions apply, the Department may initiate enforcement actions against contractors who do not submit VETS-100/VETS-100A forms by December 30, 2011.

OFCCP Settles Sex Discrimination Suit with Tyson Fresh Meats, Inc.

2011-09-20T14:11:00.000-07:00

For those of you who needed hard evidence to substantiate the need for documenting your organization’s hiring/selection decisions, here is the case for you.

http://www.businessinsurance.com/article/20110920/NEWS07/110929982?tags=%7C338%7C70%7C75%7C80%7C83%7C303#

Tyson Foods unit to pay $2.25M to settle sex discrimination allegations

Dakota Dunes, S.D.-based Tyson Fresh Meats to pay $2.25 million to more than 1,650 female job applicants who were rejected for employment at its facilities in Joslin, Ill.; West Point, Neb.; and Waterloo and Denison, Iowa.

The important information to take from this settlement is that the “discrimination” findings were based on statistical arguments, and that Tyson Foods did not collect and retain the proper documentation to rebut those arguments. Ken Kimbro, Tyson Foods Senior VP and Chief Human Resources Officer, said in a statement. “We believe this was really about documentation, not discrimination. The OFCCP’s charges were strictly based on a statistical analysis of job applications at the plant, not on complaints by any applicants, the types of jobs involved or the applicants' qualifications.”

Unfortunately, this occurs far too often . . . organizations with statistically significant disparities in hiring rates that, when asked, are unable to explain to the OFCCP why those differences exist. In the absence of a job-related reason why one person is hired (or another is not), the OFCCP has the right to rely on the statistical findings. In other words . . . documentation is the key!
What you can do now . . .

Employers need to collect and retain the reasons why applicants are selected or not selected. Ideally, this process is fully automated within an applicant tracking system (by using well-defined disposition codes and legally-reviewed drop-downs with job-related reasons for non-selection) so that the information is readily available in the event of an audit and/or lawsuit. It’s not as hard as you think. Feel free to contact a BCG expert today at 1-800-999-0438.

Below is a link to the OFCCP announcement and a segment of the Press Release.

http://www.dol.gov/opa/media/press/ofccp/OFCCP20110799.htm

News Release
OFCCP News Release: [09/20/2011]
Contact Name: Jason Surbey or Laura McGinnis
Phone Number: (202) 693-4668 or x4653
Release Number: 11-0799-NAT

Tyson Fresh Meats to pay $2.25 million to settle sex discrimination cases with US Labor Department
More than 1,650 qualified female applicants denied jobs at 4 Midwest plants

WASHINGTON – The U.S. Department of Labor’s Office of Federal Contract Compliance Programs today announced that Tyson Fresh Meats Inc. has entered into two consent decrees to settle allegations of sex discrimination. The Dakota Dunes, S.D.–based company will pay a total of $2.25 million in back wages, interest and benefits to more than 1,650 qualified female job applicants who were rejected for employment at facilities in Joslin, Ill.; West Point, Neb.; and Waterloo and Denison, Iowa. Tyson Fresh Meats is a subsidiary of Springdale, Ark.-based Tyson Foods Inc., a federal contractor and one of the world’s largest processors of beef and pork.

“Companies that profit from federal contracts must not discriminate in employment decisions,” said Secretary of Labor Hilda L. Solis. “Today’s settlement, one of the largest in OFCCP’s history, means that women who were unfairly denied job opportunities will be compensated.”

New Fall 2011 BCGi Webinar Series Posted

2011-09-16T10:54:00.000-07:00

The Biddle Institute for Workforce Development has posted the fall 2011 webinar series schedule. There will be multiple Standard series webinars including a unqiue presentation on how to handle the OFCCP new compensation requests relates to analyzing base pay and total pay including bonus, commission, etc.

BCGi ia also introducing a new Ph.D. series for our Platinum members. See below or go to www.bcginstitute.org for details.

NEW! Book Series (Chapter-by-Chapter Discussion)Adverse Impact and Test Validation, 3rd Edition, by Dan Biddle
BCGi Platinum Member Exclusive
Last Tuesday of Every Month | 10:00 a.m. PDT | 1:00 p.m. EDT (1.5 hours)

Adverse Impact (Chapter 1 - Part 1) | September 27 | Open to ALL BCGi Members

Platinum Series:
Using Logistic Regression to Evaluate Adverse Impact (Chapter 1 - Part 2) | October 25
Selection Procedure Development and Validation (Chapter 2 - Part 1) | November 29
Selection Procedure Development and Validation (Chapter 2 - Part 2) | December 20
Click here to ORDER the Adverse Impact and Test Validation, 3rd Edition, book today!

Upgrade to a BCGi Platinum Membership TODAY!
More webinars, more resources, and access to archived recorded webinars.

AAP 101: Affirmative Action Plan
Methodology and Software Training Series
Free for BCGi Platinum Members.
Platinum members register online at: http://www.bcginstitute.org/?page=platinumtraining
Part I (Methodology) | October 13 | 10:00 a.m. PDT | 1:00 p.m. EDT (2 hours)
Part II (Methodology) | October 20 | 10:00 a.m. PDT | 1:00 p.m. EDT (2 hours)
Part III (AutoAAP Software) | October 27 | 10:00 a.m. PDT | 1:00 p.m. EDT (2 hours) | No HRCI Credits

Standard series open to all members:

Audit Analysis Strategy for Compensation - Handling Total Pay
November 10 | 10:00 a.m. PDT | 1:00 p.m. EDT (1.5 hours)

Recordkeeping and Utilizing the Definition of an Applicant
December 1 | 10:00 a.m. PDT | 1:00 p.m. EDT (1.5 hours)

OFCCP Continues to Scrutinize Hiring Tests, Claims Discrimination at Cheese Production Plant

2011-09-01T16:50:00.000-07:00

The OFCCP continues to aggressively audit hiring tests for discrimination against female and minority applicants. See link and Press Release below.

http://www.dol.gov/opa/media/press/ofccp/OFCCP20111291.htm

News Release

OFCCP News Release: [09/01/2011]
Contact Name: José Carnevali or Deanne Amaden
Phone Number: (415) 625-2631 or x2630
Release Number: 11-1291-SAN

US Labor Department files complaint against Colorado-based cheese producer for discriminating against minority job applicants at California facility

Back wages and job offers sought for African-American, Asian and Hispanic applicants; debarment from future government contracts recommended

LEMOORE, Calif. —The U.S. Department of Labor's Office of Federal Contract Compliance Programs today filed a complaint with the department's Office of Administrative Law Judges against federal contractor Leprino Foods Co. for discriminating against qualified African-American, Asian and Hispanic applicants for on-call laborer positions at the company's Lemoore West facility.

The administrative complaint seeks back wages and interest for at least 270 class members, as well as job offers for at least 17 of the original applicants. OFCCP also is requesting that Leprino Foods' existing federal contracts be canceled and the company be debarred from entering into any future contracts until the violations are resolved and the company corrects its discriminatory employment practices.

"Leprino Foods' hiring process simply doesn't pass the sniff test," said OFCCP Director Patricia A. Shiu. "When workers are denied employment because of factors that have nothing to do with their ability to perform the job, something is not right. Our message to the company is clear: Correct your discriminatory practices and make restitution to the victims or lose your lucrative federal contracts."

Under Executive Order 11246, federal contractors cannot discriminate in employment practices with regard to race and national origin. Data collected from Leprino Foods showed that the company's use of a job skills assessment called the WorkKeys exam adversely impacted minority applicants. During OFCCP's review, which examined hiring practices for a 22-month period, the agency found that only 49 percent of otherwise qualified minority applicants passed the exam, compared with more than 72 percent of non-minority applicants. OFCCP could not substantiate the employer's claim that the exam measured applied math, workplace observation and information location skills related to the essential functions of on-call laborers. On-call laborers perform a variety of entry-level tasks, including inspecting products, monitoring equipment and maintaining sanitation at the facility.

Denver-based Leprino Foods is the nation's largest producer of mozzarella cheese. The company has contracts totaling $5 million with the U.S. Department of Agriculture to provide mozzarella and whey products to the Farm Services Agency.

In addition to Executive Order 11246, OFCCP's legal authority exists under Section 503 of the Rehabilitation Act of 1973 and the Vietnam Era Veterans' Readjustment Assistance Act of 1974. As amended, these three laws hold those who do business with the federal government, both contractors and subcontractors, to the fair and reasonable standard that they not discriminate in employment on the basis of sex, race, color, religion, national origin, disability or status as a protected veteran. For general information, call OFCCP's toll-free helpline at 800-397-6251. Additional information is available at http://www.dol.gov/ofccp.

Solis v. Leprino Foods Co.

Read this news release en Español.

AAP October Bootcamp Scheduled

2011-08-24T18:49:00.000-07:00

Biddle Consulting Group's AAP 101: Affirmative Action Plan Methodology and Software Training (3-Part) Series is slated for October. Don't get caught off guard by an audit. Learn the ins and outs of proper AAP development from the beginning.

The dates of the webinar sessions are as follows:

October 13: AAP Methodology (Part I)
October 20: AAP Methodology (Part II)
October 27: AutoAAP Software Training (Part III)

HRCI Credits will be available for Parts I & II only.

Sign Up Today
Download and Complete the PDF Registration Form

BCGi Platinum Members
Register FREE at BCGInstitute.org

Government-Wide Diversity and Inclusion Initiative and Strategic Plan

2011-08-19T16:49:00.000-07:00

The Director of the Office of Personnel Management (OPM) and the Deputy Director for Management of the Office of Management and Budget (OMB), in coordination with the President's Management Council (PMC) and the Chair of the Equal Employment Opportunity Commission (EEOC), shall:

establish a coordinated Government-wide initiative to promote diversity and inclusion in the Federal workforce;
within 90 days of the date of this order:

develop and issue a Government-wide Diversity and Inclusion Strategic Plan (Government-wide Plan), to be updated as appropriate and at a minimum every 4 years, focusing on workforce diversity, workplace inclusion, and agency accountability and leadership. The Government-wide Plan shall highlight comprehensive strategies for agencies to identify and remove barriers to equal employment opportunity that may exist in the Federal Government's recruitment, hiring, promotion, retention, professional development, and training policies and practices;
review applicable directives to agencies related to the development or submission of agency human capital and other workforce plans and reports in connection with recruitment, hiring, promotion, retention, professional development, and training policies and practices, and develop a strategy for consolidating such agency plans and reports where appropriate and permitted by law; and
provide guidance to agencies concerning formulation of agency-specific Diversity and Inclusion Strategic Plans prepared pursuant to section 3(b) of this order;

identify appropriate practices to improve the effectiveness of each agency's efforts to recruit, hire, promote, retain, develop, and train a diverse and inclusive workforce, consistent with merit system principles and applicable law; and
establish a system for reporting regularly on agencies' progress in implementing their agency-specific Diversity and Inclusion Strategic Plans and in meeting the objectives of this order.

See Executive Order in it's entirety: Executive Order Establishing Coordinated Government Wide Initiative to Promote Diversity and Inclusion in the Federal Workforce

OFCCP Posts ANPRM for Compensation Collection Tool

2011-08-10T08:16:00.000-07:00

August 10, 2011. The OFCCP has posted its Advance Notice of Proposed Rulemaking for Compensation Data Collection Tool. See link below.

http://frwebgate3.access.gpo.gov/cgi-bin/TEXTgate.cgi?WAISdocID=KvBlxE/1/1/0&WAISaction=retrieve

SUMMARY: The Office of Federal Contract Compliance Programs (OFCCP) is issuing this Advance Notice of Proposed Rulemaking in order to invite the public to provide input on the development and implementation of a compensation data collection tool. Possible uses for the collected data include generating insight into potential problems of compensation discrimination at the establishment level that warrant further review or evaluation by OFCCP or contractor self-audit. OFCCP could use the data collected by the tool to conduct analyses at the establishment level, as well as to identify and analyze industry trends, Federal contractors’ compensation practices and potential equal employment-related issues.

More details to follow.

New Edition: Adverse Impact and Test Validation Book Makes Debut at National ILG Conference in New Orleans, LA

2011-08-03T16:05:00.000-07:00

Gain valuable insight on updated EEO methodologies and compliance with Dan Biddle's Adverse Impact and Test Validation: A Practitioner's Guide, 3rd Ed.

Analyzing adverse impact and developing defensible testing programs are two important functions of an HR professional’s job. This book describes the practical steps that employers can take to safeguard their hiring systems against audits or litigation actions, and build robust testing systems that will have the highest likelihood of properly selecting qualified workers.

Co-authored by Richard E. Biddle, MBA, Stacy L. Bell, MS, Leonard S. Fedt, PhD, Jim Higgins, EdD, Gregory M. Hurtz, PhD, Daniel C. Kuang, PhD, James E. Kuthy, PhD, Scott Morris, PhD, and Patrick M. Nooren, PhD.

More about the book:
Adverse Impact and Test Validation: A Practitioner’s Guide, 3rd Edition
Author: Daniel A. Biddle, Ph.D.
ISBN: 0-7414-6606-6

Purchase the Adverse Impact and Test Validation book from the BCG Institute for Workforce Development (BCGi) website today.

VETS-100/100A Filing Deadline Extended Due to Technical Issues

2011-08-03T09:23:00.000-07:00

Due to some technical problems, federal contractors will be unable to electronically file their VETS-100/100A forms until the Department goes online again on October 1, 2011. Accordingly, the Department has extended the filing deadline to November 30, 2011 and stated that they will not initiate action against contractors who would file from October 1, 2011 through November 30, 2011.

The inaccessibility of the website is also causing some problems for federal contractors who need to submit copies of their VETS-100 reports in relation to OFCCP’s compliance evaluation. If this is the case, contractors may request confirmation of the 2010 (or earlier) filing by contacting the VETS-100 Service Center at (866) 237-0275 or sending an e-mail to VETS100-customersupport@dol.gov.

Contractors need to be ready to provide the following information:

Company Name

Employer Identification Number (EIN)

DUNS number

Alcoa Mill Products Inc. Settles Discrimination Case with US Department of Labor

2011-08-02T18:16:00.000-07:00

Alcoa Mill Products entered into a conciliation agreement with the Office of Federal Contract Compliance Programs (OFCCP). The terms of the conciliation agreement included paying back wages to 37 Hispanics and African-Americans in the amount of $484,656.19 and to two women in the amount of $35,516.88. Job offers will also be extended to nine of these individuals as positions become available. Alcoa Mill also agreed to spend $20,000 on equal opportunity, anti-harassment and sensitivity training for its personnel who are involved in the hiring process.

During a compliance evaluation of Alcoa's Lancaster, PA location, the OFCCP found that Alcoa Mill failed to meet its obligations as a federal contractor in ensuring that equal opportunity in employment is extended to all applicants without regard to race, sex, religion, color, or national origin. Director Patricia Shiu said, "No worker should be denied a job because of factors that have absolutely nothing to do with his or her ability to accomplish the work. I am glad we reached a fair settlement with Alcoa Mill Products, one that not only provides financial remedies for the affected victims, but also creates opportunities for good jobs."

Valuable Session From National ILG Provides Unique Insight

2011-07-27T19:42:00.000-07:00

On July 27, 2011 John Fox delivered a rousing session with updates on current events in Affirmative Action in addition to providing a surprise guest speaker.

In addition to an OFCCP update discussed below, John pulled Sandy Zeigler and Shirley Thomas from the audience to loud applause. Shirley was the long time Director of the OFCCP and Shirley Thomas was her longtime Deputy in the Chicago region who were the subject of a lot of speculation following their sudden departure from the agency. John Fox asked Sandy to clarify what actually happened and if she wanted to dispel any false rumors. According to Ms. Zeigler, she and Shirley Thomas had elected to step down from their posts several months prior to the announcement and suggestions that their departure from the OFCCP was unplanned or forced are untrue. Additionally, Ms. Zeigler clarified that the desk audit letters mailed in June out of the Chicago region that were rescinded were pulled because they were not supposed to be mailed all at once. Ms. Zeigler and John Fox clarified that the same letters should be expected to be re-sent to the same contractors in a staggered format. Ms. Zeigler is known for her vast knowledge of the industry as well as the only known musical session at a National ILG conference.

Mr. Fox also provided a fast paced discussion about what is happening in the Affirmative Action industry. He made a point early in his discussion to make sure that his opinion of the current OFCCP Director, Patricia Shiu, is that she is the most important Director of the OFCCP since the Nixon administration. Mr. Fox went on to say that the many changes that have been under discussion for the last 12 months are going to happen.

Additional talking points:
1. Eight (8) percent of audits have identified issues
2. On June 4, 2011 a "Secret" OFCCP Directive was circulated amongst the agency that identified an updated compensation analysis threshold for compliance officers to use as a trigger to request detailed compensation data from contractors. The new threshold is a difference of 2% or $2,000 between comparative data provided by the contractor.
3. OFCCP is looking at comparisons of individuals within a job, also known as a cohort comparison. According to Mr. Fox, in all the audits he has participated in, he has yet to see a single result where OFCCP could prove discrimination.

Mr. Fox also identified the "OFCCP To Do List" in his blog. See excerpt and link below.

http://www.foxwangmorgan.com/blog/

Some expected dates for release of various notices from the OFCCP (estimated):
1. New compensation collection tool - July/August
2. Advance Notice for Proposed Rulemaking for Section 503 of the Rehabilitation Act - August
3. Finalize changes to the Itemized Listing (audit letter) - by September 30
4. Advance Notice for Proposed Rulemaking for Construction regulations - November
5. Updates to the Federal Contract Compliance Manual - Fall 2011
6. Updates to the Sex Discrimination laws - February 2012
7. Final Rule on Section 4212 (Veterans) regulations - Spring 2012

OFCCP Director Pat Shiu Delivers Keynote Speech at 2011 NILG

2011-07-27T10:59:00.000-07:00

Wednesday, July 27, 2011.

Following a spectacular musical opening to the 2011 National ILG, Director Patricia Shiu delivered her annual keynote address covering recent accomplishments, current events and future plans.

Ms. Shiu reminded the audience that the White House directive to eliminate the gender pay gap is still very much in effect. Also, that the OFCCP is still pushing hard to update many areas of the regulations including Section 503 of the Rehabilitation Act, The Compensation Guidelines, Section 4212 (Vets regs), the Compliance Manual, The Itemized Listing (desk audit letter), and the Construction regulations.

Women are making 81 cents for every dollar that men make and Ms. Shiu stated that the difference can account for hundreds of thousands of dollars across a person's career. The OFCCP expects to roll out a new compensation collection tool in the next few months.

One key quote that stood out regarding the value of compliance efforts was how organizations can benefit from effort put into AAPs/Diversity. "Employers who embrace diversity see a better bottom line."

Additional footnotes:

The Federal Contract Compliance Manual is very close to completion

New compensation analysis guidelines are coming

The key to audits is quality not quantity

The DOL, DOJ and EEOC are sharing information and referring cases

President Obama wants a unified Civil Rights Agenda

Compliance is no longer defined by Good Faith Efforts alone, accountability must exist

Clarity is an important part of enforcement and many regulations must be updated

In her closing remarks, she said, "We need a new ethic of responsibility. We need a new ethic of opportunity."

More notes from the National ILG conference in New Orleans to come.

Dr. Nooren to Speak at the SHRM 2011 Diversity and Inclusion Conference

2011-07-18T07:05:00.000-07:00

Dr. Patrick Nooren, Ph.D., Biddle Consulting Group Executive Vice President, will be speaking at the SHRM 2011 Diversity and Inclusion Conference.

Here are the details:

Conference Name: SHRM 2011 Diversity and Inclusion Conference

Dates: October 24-26, 2011

Location: Washington, DC

Title: What You Can Learn From an Ostrich . . . Compensation Analyses and the OFCCP

Description: In the not so distant past, the Office of Federal Contract Compliance Programs (OFCCP) tried, largely unsuccessfully, to investigate compensation discrimination. Today, with over $30,000,000 in additional funding and 200+ new employees, failure is no longer an option. Employers need to realize that investigating compensation disparities is now a primary mandate within the Agency and the days of submitting compensation data with no recourse are over.

This presentation is for practitioners of all levels. Attendees will leave with tools and strategies for preparing their organizations for the eventual compensation review.

Workplace Application: Attendees will leave with an understanding of what their organizations need to do to be proactive with respect to OFCCP compensation investigations.

Recertification /Learning Objectives:

1. Methods for investigating compensation disparities (Title VII/EPA)
2. Understanding OFCCP compensation enforcement
3. Strategies for reducing legal exposure

EO Clause and Annual Vendor Notification

2011-07-15T10:27:00.000-07:00

by Fe Ramos
Sr. Consultant
Biddle Consulting Group

EO Clause and Annual Vendor Notification

With the OFCCP’s heightened audit activities, one of the issues that compliance officers (CO) typically find is the failure of employers to send out yearly notification to their vendors, subcontractors, and/or suppliers regarding their company policy. Employers typically mistake the inclusion of the EO Clause in their contracts and subcontracts as something that also addresses the obligation to send out an annual notification. Federal contractors need to do BOTH.

1) Include the EO Clause either by reference or its entirety in all contracts and subcontracts (41 CFR 60-1.4; 41 CFR 60-250.5; 41 CFR 60-300.5). Although not specially stated in the regulations, compliance officers also check to see if the EO Clause is included in the purchase orders, invoices, and other documents issued by the federal contractor. Hence, it is recommended that the EO clause be included in most (if not all) of the contractor’s documents. It is, however, not necessary to include the full text of the EO clause in the job postings or advertisements. Simply stating that the contractor is an EOE (Equal Opportunity Employer) is sufficient as a tag line in the job postings and advertisements.

2) Send written notification of the company policy to vendors, suppliers, and subcontractors (41 CFR 60-741.44[f(5)]; 41 CFR 60-250.44[f(6)]; 41 CFR 60-300.44[f(6)]). Although not specifically stated in the regulations, contractors should be sending out these notifications on a regular basis (i.e., at least annually).

Summary Version: OFCCP Web Chat July 12

2011-07-13T18:17:00.001-07:00

OFCCP Web Chat
July 12, 2011
Summarized version
Below the list are questions and answers submitted by BCGi.

Definition of Terms:
ANPRM - Advance Notice of Proposed Rulemaking
NPRM - Notice of Porposed Rulemaking
FCCM - Federal Contract Compliance Manual
CSAL - Corporate Scheduling Announcement Letter

• Final Rule on Changes to Veteran Regulations - In the Final Rule the OFCCP will describe the comments, the issues they raised, and our responses to them. We anticipate publishing a Final Rule in the spring of 2012.

• Current pay analysis structure - Contractors may use any method that is consistent with Title VII principles.

• Publishing the Updated Census Data – The OFCCP is working with the census bureau, EEOC and Department of Justice in creating the special tab. It should be available in the next 12 months. (BCG Note – The most recent e-mail from the census bureau suggest a December 31, 2012 release)

• Changes in Construction Contractor Regulations – OFCCP is in the process of developing a proposed construction regulation and is planning to publish the proposal in November.

• Compensation Collection Tool - The Compensation Data Collection Tool ANPRM is in the final stages of review and OFCCP expects to publish it within the next few weeks

• Current Methods for Analyzing Pay - OFCCP does not require one particular methodology for a contractor’s analysis of its pay practices. Contractors may use any method that is consistent with Title VII principles.

• Personnel Changes at OFCCP – OFCCP is currently recruiting for Regional Director in the Midwest Region and Deputy Regional Directors in the Northeast, mid-Atlantic, Midwest and Dallas regions.

• Changes to the Itemized Listing for the Scheduling Letter – The revised scheduling letter was published for comment in May, and the comment period closed July 11th. There were a few comments received. OFCCP is reviewing those comments. The goal is to complete the consideration of the comments, any revisions needed, and return the document with any appropriate revisions to OMB by no later than the end of July

• Updates to Section 503 of the Rehabilitation Act - The Section 503 NPRM is currently under review. Once the OMB review is complete, OFCCP will publish the NPRM for public comment. OFCCP anticipates publication of the Section 503 NPRM in the Federal Register sometime in the next month.

• Update to the Federal Contract Compliance Manual – Changes expected to be posted in the Fall (2011)

• Trends in Violations - One trend that OFCCP has observed is that when it identifies major violations, contractors have failed to implement internal, self-audit procedures and failed to implement corrective actions. This has resulted in the agency finding record keeping violations relating to personnel activity and compensation.

• Sex Discrimination revisions – NPRM February 2012

• Why the proposed changes in the sex discrimination guidelines - The guidance in part 60-20 is more than 30 years old. We need sex discrimination regulations that reflect the current state of the law in this area. Employer policies and practices and the nature and extent of women’s participation in the labor force have also changed significantly since the guidelines were put in place. OFCCP is proposing in this NPRM to create sex discrimination regulations that reflect these changed conditions.
A good example is the guidelines’ provision on pensions. It says that it’s not sex discrimination if contractors provide either equal contributions to employee’s pension funds or provide contributions that result in equal benefits upon retirement. But the Supreme Court has now ruled that it is impermissible to require employees of one sex to make larger contributions than the other in order to receive the same monthly benefits. Therefore the greater cost of providing a pension to members of one sex is not a defense to failing to provide benefits equally to members of both sexes.

• Results from OFCCP Enforcement Efforts in 2011 - In the first six months of Fiscal Year 2011, OFCCP has completed 44 financial conciliation agreements that include $5.66 million and 657 job offers for 8,090 victims. This compares favorably to the same period last year when we had completed 35 financial CAs totaling $2.77 million and 582 job-offers for 3,157 victims. This represents a 25 percent increase in CAs, more than double the financial remedies and, most importantly, an increase in job opportunities for workers who faced discrimination.

BCG Institute for Workforce Development Questions

Comment From BCG Institute Is OFCCP actively auditing establishments with fewer than 50 employees onsite?

Patricia A. Shiu, OFCCP Director: Thanks for your question. The answer is, No, OFCCP is not actively auditing establishments with fewer than 50 employees. OFCCP will investigate complaints against contractors of any size.

Comment From BCG Institute Can you tell us when the FAAP schedule for renewal will be sent out to Contractors?

Patricia A. Shiu, OFCCP Director: The new FAAP directive is available on OFCCP’s web page.http://www.dol.gov/ofccp/ Notification letters were sent to all existing FAAP contractors informing them that they should contact the OFCCP regarding their intent to renew their agreements in accordance with the new directive.

Comment From BCG Institute Any news regarding an update to the FCCM?

Patricia A. Shiu, OFCCP Director: OFCCP is still working on the FCCM. We anticipate it will be published in a few months. We will announce the release of the Manual on our website.

Comment From BCG Institute
Is there a schedule for the release of the CSAL?

Patricia A. Shiu, OFCCP Director: In general, CSAL letters are sent from the National Office when the scheduling list is given to the field offices for use. Corporations are generally sent a CSAL if more than two of its establishments appears on the scheduling list. The letters normally go out in the fall and in the spring. The last mailing occurred in February 2011.

Comment From BCG Institute Will you be speaking at the 2011 National ILG conference in New Orleans in late July?

Patricia A. Shiu, OFCCP Director: Yes, I will, and I look forward to seeing you there!

Comment From BCG Institute What do you suggest Federal contractors do when they want to post a job but cannot access the state job board?

Patricia A. Shiu, OFCCP Director: We suggest you contact the state workforce agency to request technical assistance with accessing their state job board.

Comment From BCG Institute For the proposed changes to the itemized listing in the desk audit letter, can you tell us if the transaction data collection method will be by job group and job title showing counts or do you expect a detailed data file by individual transaction?

Patricia A. Shiu, OFCCP Director: BCG, the proposed scheduling letter requests transactional data by count grouped by job group and job title not by individual transactions.

Comment From BCG Institute The census bureau has been posting updates to the release of the 2010 EEO file. The last update suggested Dec 31, 2012 as a possible release date.

Patricia A. Shiu, OFCCP Director:
Thank you very much for your comment.

OFCCP Provides Web Chat on Current Activities

2011-07-12T15:23:00.000-07:00

On July 12, 2011 Patricia Shiu, OFCCP Director participated in a one-hour web-chat regarding all of the OFCCPs latest activities. Ms. Shiu covered a long list of topics related to changes in:

1. Compensation analysis tools
2. Construction regulations
3. Changes in Section 503 of the Rahabilitation Act
4. Updates to the Federal Contract Compliance Manual (FCCM)
5. The Final Rule for changes to the Veteran's regulations
6. Continuing the Corporate Scheduling Announcement Letter (CSAL)
7. Use of the 2010 EEO census file
8. Implementation of the new Functional AAP Directive
9. Changes to the Itemized Listing in desk audit letters
and more

The link to the entiore chat is below. Expect a summary blog to be posted shortly.

http://www.dol.gov/regulations/chat-ofccp-201107.htm

Latest Notes on the 2010 EEO Census File

2011-07-08T11:54:00.000-07:00

In late June, the census bureau sent out the latest notes on the release of the 2010 EEO census file. Some interesting notes on the release date and new data that will be available for the first time.

E-mail posting below:

Subject: Fifth Informal Update on Status of Census 2006-2010 Special EEO File

All,

This email is the fifth informal update on the status of the American Community Survey (ACS) 2006-2010 Special EEO File (Tabulation) from the Census Bureau. These updates will continue until the EEO File and the American FactFinder (AFF) programs for accessing the data in the File are released.

Please remember that this information is unofficial and will only be finalized when the Census Bureau releases the EEO File and the AFF means for accessing it.

The 2006-2010 Special EEO File will contain - more likely than not - two additional tabulations concerning employment status. That is, for each of the 480 detailed occupations, there will be information on those who are (1) currently employed, (2) currently unemployed but had worked in the last 12 months, and (3) currently unemployed and had not worked within the last one to five years. There will be one tabulation by race, ethnicity and sex and another by seven age groups - starting with the 16 to 40 age group.

The currently anticipated date for the release of the next Special EEO File is December 31, 2012.

Joseph Donovan

Best Practices for Employers and EEO / HR Pros

2011-07-01T09:28:00.000-07:00

Six hiring tips straight from the EEOC:

Recruit, hire, and promote with EEO principles in mind, by implementing practices designed to widen and diversify the pool of candidates considered for employment openings, including openings in upper level management.

Monitor for EEO compliance by conducting self-analyses to determine whether current employment practices disadvantage people of color, treat them differently, or leave uncorrected the effects of historical discrimination in the company.

Analyze the duties, functions, and competencies relevant to jobs. Then create objective, job-related qualification standards related to those duties, functions, and competencies. Make sure they are consistently applied when choosing among candidates.

Ensure selection criteria do not disproportionately exclude certain protected classes unless the criteria are valid predictors of successful job performance and meet the employer's business needs. For example, if educational requirements disproportionately exclude certain minority or racial groups, they may be illegal if not important for job performance or business needs.

Make sure promotion criteria are made known, and that job openings are communicated to all eligible employees.

When using an outside agency for recruitment, make sure the agency does not search weed out candidates of a particular protected class. Both the employer that made the request and the employment agency that honored it would be liable.

For expanded article, see http://www.eeoc.gov/eeoc/initiatives/e-race/bestpractices-employers.cfm.

OFCCP Posts New Directive Restoring Functional AAPs

2011-06-28T14:50:00.000-07:00

Today, the OFCCP posted a new directive bringing Functional Affirmative Action Plans back to life after an extended review by Director of OFCCP, Patricia Shiu.

See an excerpt from the release in addition to a web link to the full release below.

News Release
OFCCP News Release: [06/28/2011]
Contact Name: Jason Surbey or Dolline Hatchett
Phone Number: (202) 693-4668 or x4651
Release Number: 11-0973-NAT

US Labor Department restores and updates Functional Affirmative Action Program process for federal contractors and subcontractors

WASHINGTON — The U.S. Department of Labor's Office of Federal Contract Compliance Programs has released a new directive to outline the process by which federal supply and service contractors can apply for Functional Affirmative Action Program agreements, which can be viewed at

http://www.dol.gov/ofccp/regs/compliance/directives/dir296.htm

"The FAAP is back and is better than before," said OFCCP Director Patricia A. Shiu. "Over the past year, I have listened to comments from the contractor community and employee groups, and determined that this is a useful tool for ensuring that federal contractors and subcontractors meet their obligations to provide equal employment opportunity for everyone. I am pleased to share updated guidance that responds to the feedback we received while also renewing our commitment to ensuring discrimination-free workplaces."

OFCCP Extends Comment Period for Proposed Changes to Veteran Regulations

2011-06-28T07:54:00.000-07:00

OFCCP posted the following notice on their website:

VEVRAA NPRM Comment Period Extended

On April 26, 2011, the Office of Federal Contract Compliance Programs (OFCCP) published in the Federal Register a notice of proposed rulemaking (NPRM). This NPRM (76 FR 23358) proposes revising regulations implementing the affirmative action provisions of the Vietnam Era Veterans' Readjustment Assistance Act of 1974, as amended.

The original comment period is scheduled to end on Monday, June 27, 2011. After receiving several requests for extensions, OFCCP is extending the comment period for this NPRM for 14 days until Monday, July 11, 2011. This action will provide all interested persons additional time to analyze the issues and provide their comments on the NPRM. Parties interested in commenting can view the NPRM and submit comments by using the Federal eRulemaking Portal www.regulations.gov and referencing RIN 1250-AA00.

OFCCP is publishing a Federal Register notice announcing this two-week extension of the comment period.

Auditing for Adverse Impact: Background Screening, Employment Testing, and Reductions in Force Webinar Announced

2011-06-23T17:52:00.000-07:00

Free Webinar on July 12

In recent years, the Equal Employment Opportunity Commission and the Department of Labor's Office of Federal Contract Compliance Programs have announced major shifts in their enforcement priorities, from intentional discrimination to systemic discrimination. Unlike intentional discrimination, systemic discrimination focuses on facially neutral employment practices (e.g., pre-employment tests, promotional decisions, and RIF selection criteria) that negatively impact certain groups of employees at higher rates than others (a/k/a "adverse impact").

Given this additional scrutiny, employers must ask:

Do our tests and screening criteria result in adverse impact against individual groups?

Are our tests and screening criteria even useful at identifying better-qualified applicants/employees; if not, then why are we using them?

Now more than ever, employers should be asking these questions before landing on the EEOC's or OFCCP's systemic radar. Patrick Nooren, PhD, of Biddle Consulting Group, joins attorney Merrily Archer of Fisher & Phillips LLP and formerly the EEOC, to explain what "adverse impact" means, and provide training on how to use a free online tool to analyze your organization's selection processes and how to identify if your tests are useful in the first place.

This hour long webinar is free, but registration is required. Once your registration is complete you will receive an email confirmation with instructions on how to join the webinar. Participation in this webinar has been approved for one hour of HRCI credit.

Register at the BCG Institute for Workforce Development website

Personnel and Scheduling Letter Changes in the OFCCP’s Midwest Region

2011-06-20T14:16:00.000-07:00

The OFCCP’s Midwest Region has announced some notable changes occurring:

In a letter distributed to the Chicago ILG by the OFCCP’s Deputy Director, Les Jin, the official announcement was made that Sandra Ziegler, Chicago’s Regional Director, and Shirley Thomas, Chicago’s Deputy Regional Director will both be leaving their respective offices on or near June 30, 2011.

In the letter, Deputy Director Jin also said: “One of our primary goals in the upcoming months will be to implement a number of organizational and management changes. They will include moving all managers back to the offices they manage, as well as giving each office responsibility for scheduling and handling their own cases. There will be other changes designed to strengthen district offices, although some changes will occur more gradually than others.”

Job postings to fill these two vacancies will soon be made available. The OFCCP also intends on hiring a new director for the Division of Regional Operations (DORO) and a Planning and Support Director for the region.

The OFCCP is also recalling all scheduling letters sent from the Midwest Regional Office dated June 3, 2011. If you are one of the contractors who received these letters and have not submitted any materials to the OFCCP yet, you do not have to submit your AAP any longer. However, if you have already submitted your materials in response to the supposed audit, the OFCCP will be returning those materials back to you. The National OFCCP Office will send out official notifications to the contractors for the rescission of June 3, 2011 scheduling letters. Please ensure that you keep these notifications. Please note that this does not exempt any contractor from receiving another audit letter for the same location(s) in the next round of “official” letters that will be sent out.

OFCCP Lands Large Settlement For Female Applicants

2011-06-16T16:15:00.000-07:00

The OFCCP posted a Press Release on June 16th announcing their latest settlement related to alleged hiring discrimination.

The OFCCP continues to aggressively enforce hiring cases and Patricia Shiu, Director of the OFCCP, has made it abundantly clear that historically male dominated positions are under the microscope. "A global company like ThyssenKrupp should know better than to underestimate the power of America's working women. When the doors of opportunity are fully open to us, there isn't a job that we can't do."

See link to Press Release and an excerpt below.

http://www.dol.gov/opa/media/press/ofccp/OFCCP20110903.htm

News Release
OFCCP News Release: [06/16/2011]
Contact Name: Michael D’Aquino or Michael Wald
Phone Number: (404) 562-2076 or x2078
Release Number: 11-0903-ATL

ThyssenKrupp to pay more than $288,000 to rejected female job applicants at Tennessee facility to settle sex discrimination case with US Labor Department
Agreement includes back wages, interest and job offers

MIDDLETON, Tenn. – ThyssenKrupp Elevator Manufacturing Inc. has agreed to pay a total of $288,333 to 248 female job applicants who were systematically rejected for assembler/packer and utility positions at the company's facility in Middleton from January to December 2005, following an investigation by the U.S. Department of Labor's Office of Federal Contract Compliance Programs. In addition to the financial remedy, TKE will extend 23 job offers to affected women as positions become available.

TKE is a subsidiary of ThyssenKrupp AG, a global conglomerate based in Germany and one of the world's leading producers of elevators. TKE currently holds a $15.1 million contract to provide elevator and escalator maintenance to the General Services Administration, the U.S. federal government agency that manages most federal buildings.

During a scheduled compliance review, OFCCP determined that TKE had violated Executive Order 11246, which prohibits federal contractors and subcontractors from discriminating on the basis of sex.

"This agreement sends a powerful message that the U.S. government will not tolerate discrimination," said OFCCP Director Patricia A. Shiu. "A global company like ThyssenKrupp should know better than to underestimate the power of America's working women. When the doors of opportunity are fully open to us, there isn't a job that we can't do."

OFCCP Announces Large Compensation Settlement

2011-06-07T16:29:00.000-07:00

For a few years now the Federal contractor community has been struggling to get their arms around a consistent methodology for conducting compensation analyses as part of their compliance efforts. When the EEO industry looks back on the last decade there has been a lot of disagreement on the most appropriate method for collecting data and analyzing pay. Even the Department of Labor has struggled to identify a consistent strategy that would not come under heavy fire from the contractor and legal community. The OFCCP made a determined effort to implement rules and guidelines in 2006 only to find that the resulting plan was too restrictive to allow for enforcement of their own initiative, so just recently the OFCCP proposed to the Office of Management and Budget (OMB) to rescind those guidelines and start anew.

In the meantime, the OFCCP continues to enforce the law under Title VII and today they posted a press release showing that equal pay enforcement is very much alive.

See an excerpt from the posting and a link below.

http://www.dol.gov/opa/media/press/ofccp/OFCCP20110829.htm

From OFCCP Press Release June 6, 2011:

Pharmaceutical giant AstraZeneca agrees to pay $250,000 to settle sex discrimination lawsuit brought by US Labor Department

124 current and former female employees will share in settlement involving equal pay
PHILADELPHIA — AstraZeneca, one of the largest pharmaceutical companies in the world, will pay $250,000 to 124 women who were subjected to pay discrimination while working at the corporation's Philadelphia Business Center in Wayne, Pa. The action resolves a lawsuit filed by the U.S. Department of Labor in May 2010 alleging that the company discriminated against female sales specialists by paying them salaries that were, on average, $1,700 less than their male counterparts.

The department's Office of Federal Contract Compliance Programs conducted a scheduled compliance review of the business center in 2002 and found that AstraZeneca had violated Executive Order 11246 by failing to meet its obligations as a federal contractor to ensure employees were paid fairly without regard to sex, race, color, religion and national origin. AstraZeneca holds a contract valued at more than $2 billion with the U.S. Department of Veterans Affairs to provide pharmaceutical products to hospitals and medical centers around the country.

Good News From The Labor Market

2011-05-26T09:30:00.001-07:00

It seems that much of the news coming out of the DOL is about negative things happening in our economy or associated with certain employers and industries so it was nice to see SECRETARY HILDA SOLIS from the Department of Labor post a positive message about growth and hiring in the automotive industry. Does this mean that the Federal investment into the big car makers was a good idea? Maybe it was. See link and announcement below.

http://social.dol.gov/blog/continuing-signs-of-strength-for-america%E2%80%99s-auto-industry/

Continuing Signs of Strength for America’s Auto Industry
by SECRETARY HILDA SOLIS on MAY 25, 2011

After years of uncertainty, the past few weeks have held positive news for the American automotive industry. All three American automotive manufacturers are operating at a profit. Recently, GM announced it would be investing $2 billion in 17 facilities nationwide, adding jobs and increasing security in these affected communities. And just yesterday, Chrysler announced it would be repaying $5.8 billion to the U.S. Department of the Treasury.

The latest announcement from Chrysler comes six years ahead of schedule and just two years after emerging from bankruptcy. It marks a significant milestone for the turnaround of not just the company, but also the countless communities and families who rely on the American auto industry.

Supporting the American auto industry required making some tough decisions, but President Obama was not willing to walk away from the workers at Chrysler and the communities that rely on this iconic American company. The President called on Chrysler to take difficult steps necessary to become more competitive, and in return pledged that America would stand by them. They stayed true to their word, and so did the President.

While there is more work to be done, we’re starting to see stronger sales, plants adding shifts to keep up with rising demand, and workers being recalled in communities across the country. These signs of strength are a testament to the work of this administration and to the resolve and determination of American workers.

As co-chair of the White House Council on Automotive Communities and Workers, I am proud of the commitments this administration made to the automotive industry. American automotive manufacturers and the communities they call home are integral to the American way of life. Chrysler repaying their debt to the American taxpayers proves that our faith in this industry, these communities, and these workers was a worthwhile investment.

OFCCP Proposes Changes to Desk Audits

2011-05-16T09:32:00.000-07:00

In the May 12th edition of the Federal Register, the OFCCP posted notice of proposed changes in the Itemized Listing contained within the Desk Audit letter. The OFCCP is seeking to expand the data collection requirements. The public comment period runs through July 11th.

See summary of changes below with a link to the government page.

Supporting Documentation:
http://www.regulations.gov/#!documentDetail;D=OFCCP-2011-0003-0006

OFCCP has revised the Scheduling Letter and its Itemized Listing. These revisions will reduce overall burden hours on contractors and enhance OFCCP’s desk audit and data analysis abilities. The revisions in the body of the Scheduling Letter were made for clarity and do not affect overall burden hours. The changes to the Itemized listing are the following:

1. A new item 8: submission of employment policies covering the Family and Medical Leave Act (FMLA), pregnancy leave, and accommodations for religious observances and practices. Receipt of these policies would assist OFCCP in better determining the existence of sex or religious discrimination indicators within contractor organizations. Additionally, the policy requirements would enhance OFCCP’s broad authority under Executive Order 11246 to prohibit sex and religious discrimination in employment and its share enforcement responsibilities with the EEOC under Title VII. Burden hours for FMLA and pregnancy leave are covered under OMB Control Number: 1235-0003, the Department of Labor’s Wage and Hour Division. OFCCP estimates that 1% of contractors will have no religious accommodation policy in place. For those 1% of contractors we estimate 2 hours to prepare a religious accommodation policy, or .02 hours overall increase per contractor.

2. Changes to new item 9 (current item 8) –- OFCCP further defined “other information” in contractor collective bargaining agreements to clarify for contractors the specific information requested during compliance evaluations. No change in burden hours for this item.

3. Changes to new item 10 (current item 9) –- AAP reporting requirements changed from preceding year to immediate preceding year to clarify specific AAP reporting timelines for contractors. No change in burden hours for this item.

4. Changes to new item 11 (current item 10) -– OFCCP included more specific demographic information related to Applicants, Hires, Promotions, and Terminations to eliminate ambiguous minority and non-minority terminology. In addition, contractors would now be required to submit data by job group and job title, instead of job group or job title in the current Scheduling Letter. This revised submission would result in OFCCP obtaining more accurate reporting data for its analyses related to identifying sex and race discrimination indicators. Given the widespread use of computer technology for Human Resources data entry and management, we estimate 1 hour increased burden per contractor.

5. Changes to new item 12 (current item 11) -– The changes would require a contractor to submit more precise data for OFCCP’s compensation analysis. The more precise data is individual employee data rather than the aggregate data requested in the current Scheduling Letter. A submission of the data would allow OFCCP to perform specific analyses, and pinpoint possible discrimination based on race or sex. We will no longer ask for aggregate compensation data, which required contractors to summarize the data themselves, thereby increasing their burden. In addition, the aggregate data was less effective in allowing OFCCP to analyze compensation. The Compensation Questionnaire indicated that contractors spend an average of 5.23 hours to submit compensation data, and an average of 1.87 hours to submit additional compensation data (after the initial request and prior to an onsite review). The new compensation submission replaces the initial request with the follow up request, meaning that a contractor’s burden would decrease on average to 3.36 hours (5.23 - 1.87 = 3.36).

6. New item 13 -- A copy of the Veterans’ Employment Report VETS-100 and/or VETS-100A for the last three years. These documents are required reporting for federal contractors and include information on their hiring on disabled and other protected veterans under VEVRAA. This information supports OFCCP’s efforts to prohibit discrimination based on an individual’s status as a protected veteran. The burden for complying with the VETS-100/100A reports is covered under OMB Control Number 1293-0005 under the Department of Labor’s Veterans’ Employment Training Service. Therefore, there is no increased burden for this item.

OFCCP Invites You to Their "Active Case Enforcement Procedures" Webinar

2011-05-11T09:39:00.000-07:00

Webinar Title: Active Case Enforcement Procedures
Date: Tuesday, May 17, 2011
Time: 2:00 PM - 3:30 PM EDT

OFCCP invites you to learn more about the Active Case Enforcement Procedures (ACE) it is now using to conduct compliance evaluations. First implemented in January 2011, ACE replaces the Active Case Management (ACM) protocol, and features full desk audits, increased onsite evaluations, focused evaluations, and full reviews.

During this webinar Kelley Smith and Margaret Kraak of OFCCP’s Policy Division will explain what contractors can expect when scheduled for a Supply & Service compliance evaluation using ACE procedures, including a discussion of key terms and how ACE procedures differ from ACM. We hope you will be able to join us, and encourage you to submit any questions you have about ACE on your registration form.

Register for OFCCP Active Case Enforcement webinar here.

Space is limited.
Reserve your Webinar seat now at:
https://www1.gotomeeting.com/register/803477832

OFCCP Providing New Webinar on Enforcement Procedures

2011-05-11T08:52:00.000-07:00

On Wednesday, May 11th, the OFCCP posted a new webinar to review the change in their enforcement procedures. Initially posted in December, 2010, the OFCCP sent out a directive regarding the conversion from the more restrictive Active Case Management format that focused on systemic issues to the new Active Case Enforcement directive that returns to the classical enforcement format of a full desk review for every audit. The webinar is expected to provide useful insight into the current OFCCP audit strategies.

OFCCP Invites You to Their "Active Case Enforcement Procedures" Webinar

Date: Tuesday, May 17, 2011
Time: 2:00 PM - 3:30 PM EDT

OFCCP invites you to learn more about the Active Case Enforcement Procedures (ACE) it is now using to conduct compliance evaluations. First implemented in January 2011, ACE replaces the Active Case Management (ACM) protocol, and features full desk audits, increased onsite evaluations, focused evaluations, and full reviews.

During this webinar Kelley Smith and Margaret Kraak of OFCCP’s Policy Division will explain what contractors can expect when scheduled for a Supply & Service compliance evaluation using ACE procedures, including a discussion of key terms and how ACE procedures differ from ACM. We hope you will be able to join us, and encourage you to submit any questions you have about ACE on your registration form.

Register for OFCCP Active Case Management webinar.

Space is limited.
Reserve your webinar seat now at:
https://www1.gotomeeting.com/register/803477832

OFCCP Compliance and AAP How-To Webinars Just Listed on BCGi

2011-05-02T14:00:00.000-07:00

New BCG Institute for Workforce Development (BCGi) webinars listed:

1. Review of NPRM: New VEVRAA Regulations (May 17; FREE)
2. AAP 101: Affirmative Action Plan Methodology - Part I (June 16)
3. AAP 101: Affirmative Action Plan Methodology - Part II (June 23)
4. AAP 101: AutoAAP Software Training (June 30)

Check out http://www.BCGInstitute.org/?page=training for registration information and additional EEO training webinars.

OFCCP Posts Frequently Asked Questions for Proposed VEVRAA Changes

2011-04-27T11:19:00.001-07:00

The OFCCP quickly posted a series of questions and answers to the Notice of Proposed Rulemaking for the VEVRAA regulations. The Q&A links always provide valuable insight into the OFCCPs expectations and we highly recommend that contractors read them.

The link is here:

http://www.dol.gov/ofccp/regs/compliance/faqs/VEVRAA_NPRM_faq.htm

Notice of Proposed Rulemaking for VEVRAA Posted in Federal Register

2011-04-26T08:50:00.000-07:00

Posted by OFCCP on 4/26/2011.

Readers can access the posting within the Federal Register by selecting the link below and searching for 1250-AA00.

"OFCCP Publishes Proposed VEVRAA Regulation Revisions to Strengthen
Employment Protections for Veterans

Increasing numbers of veterans are returning from duty in Iraq, Afghanistan and other places around the world only to face substantial obstacles in finding employment.

Today, in the spirit of ensuring that all Americans have equal access to good jobs and that America’s workplaces are equitable, the Office of Federal Contract Compliance Programs (OFCCP) published a Notice of Proposed Rulemaking (NPRM). The NPRM recommends revisions that strengthen Federal regulations implementing the Vietnam Era Veterans’ Readjustment Assistance Act of 1974 (Section 4212), as amended, commonly referred to as VEVRAA.

OFCCP proposes several changes to the requirement that employers doing business with the Federal government engage in specific types of outreach and recruitment that target veterans. One proposal requires Federal contractors to evaluate annually the effectiveness of their efforts to ensure that protected veterans have access to employment opportunities. The NPRM also proposes requiring Federal contractors to establish and maintain quantitative data on the number of protected veterans they learn about through job referrals, the number of protected veterans applying for jobs, and the number of protected veterans they hire. OFCCP’s proposal also requires contractors to establish annual hiring benchmarks based on availability data and other relevant information. These benchmarks will enable contractors to measure their success in recruiting, employing, and retaining protected veterans.

Another proposal addresses self-identification. In light of the difficulty identifying a veteran protected by Section 4212, the NPRM suggests requiring Federal contractors to invite veterans to self-identify both pre-and post-offer of employment.

You can submit comments on OFCCP’s NPRM either electronically at http://www.regulations.gov or by mail. The identification number (RIN) for this NPRM is 1250-AA00. If you are mailing or hand delivering comments, send them to Debra Carr, Director, Division of Policy, Planning, and Program Development, Office of Federal Contract Compliance Programs, Room C-3325, 200 Constitution Avenue, N.W., Washington D.C. 20210. Indicate RIN number 1250-AA00."

OFCCP Press Release Regarding Update to VEVRAA

2011-04-25T16:24:00.000-07:00

The OFCCP posted a Press Release today stating that the proposed changes to the Vietnam Era Veterans' Readjustment Assistance Act of 1974 (VEVRAA) will go to press in the Federal Register on April 26th and the public comment period will run until June 25th 2011.

The proposed changes would significantly affect the Affirmative Action Planning program for employers. For example:

1. Requiring contractors to establish hiring benchmarks to assist in measuring the effectiveness of their affirmative action efforts

2. Increasing record keeping requirements on job referrals, applicants and hires

3. require that all applicants be invited to self-identify as a "protected veteran" before they are offered a job

Full OFCCP Press Release can be found here:

http://www.dol.gov/opa/media/press/ofccp/OFCCP20110567.htm

News Release

OFCCP News Release: [04/25/2011]
Contact Name: Michael Volpe or Gloria Della
Phone Number: (202) 693-3984 or x8666
Release Number: 11-0567-NAT
US Labor Department proposes rule to improve employment of protected veterans

WASHINGTON — The U.S. Department of Labor's Office of Federal Contract Compliance Programs today announced a proposed rule to strengthen affirmative action requirements of federal contractors and subcontractors for veterans protected under the Vietnam Era Veterans' Readjustment Assistance Act of 1974. Veterans protected by VEVRAA include those with disabilities and those recently discharged as well as those who served during a war, campaign or expedition for which a campaign badge is authorized. The proposed rule will be published in the April 26 edition of the Federal Register.

"At the Labor Department, we support veterans as they seek meaningful ways to apply their talents to expand the American economy. By re-examining our affirmative action requirements, we will ensure that our nation's veterans are protected against discrimination and provided equal opportunity in the workforce," said OFCCP Director Patricia A. Shiu.

The award of a federal contract comes with a number of responsibilities. Among them are complying with non-discrimination and affirmative action provisions, engaging in meaningful and effective efforts to recruit and employ veterans protected under VEVRAA, and maintaining accurate records on affirmative action efforts. Failure to abide by these responsibilities may result in various sanctions, from withholding progress payments to termination of existing contracts and debarment from receiving future ones.

The framework articulating a contractor's responsibilities with respect to affirmative action, recruitment and placement has remained unchanged since 1976. Increasing numbers of veterans are returning from tours of duty, and many are faced with substantial obstacles in finding employment upon leaving the service.

The proposed rule clarifies mandatory job listing requirements, under which a contractor must provide job vacancy and contact information for each of its locations to an appropriate employment service delivery system. The rule proposes requiring contractors to engage in at least three specified types of outreach and recruitment efforts each year. In addition, the proposed rule would require that all applicants be invited to self-identify as a "protected veteran" before they are offered a job. Increasing data collection on job referrals, applicants and hires, and requiring contractors to establish hiring benchmarks to assist in measuring the effectiveness of their affirmative action efforts also are proposed.

Comments on the notice of proposed rulemaking must be submitted by June 25. Visit the federal e-rulemaking portal, http://www.regulations.gov, to submit comments.

In addition to VEVRAA, OFCCP's legal authority exists under Executive Order 11246 and Section 503 of the Rehabilitation Act of 1973. As amended, these three laws hold those who do business with the federal government, both contractors and subcontractors, to the fair and reasonable standard that they not discriminate in employment on the basis of gender, race, color, religion, national origin, disability or status as a protected veteran. For general information, call OFCCP's toll-free helpline at 800-397-6251. Additional information is available at http://www.dol.gov/ofccp.

Latest Update Re: 2010 EEO Census File

2011-04-22T15:46:00.000-07:00

The Census Bureau has provided another update regarding the publication of the 2010 EEO census file. See details below:

From: CENSUS2010 CENSUS2010 [mailto:CENSUS2010.GWEST2PO.GWEST2DOM@EEOC.GOV]
Subject: Fourth Informal Update on Status of Census 2010 Special EEO File
All,

The data for attached Table 1 was based on the 2000 Census Redistricting Data (pursuant to Public Law 94-171) and was used as a model for the construction of the 2000 Special EEO File.

The data for attached Table 2 can be found through the American Fact Finder (AFF) section (http://factfinder2.census.gov/faces/nav/jsf/pages/index.xhtml) on the 2010 Census Redistricting (PL 94-171) Data. More specifically, the data for the 2010 table is in Tables P3 and P4 (http://factfinder2.census.gov/faces/nav/jsf/pages/searchresults.xhtml?refresh=t).

That is:

P3: RACE FOR THE POPULATION 18 YEARS AND OVER
Universe: Total population 18 years and over
2010 Census Redistricting Data (Public Law 94-171) Summary File

P4: HISPANIC OR LATINO, AND NOT HISPANIC OR LATINO BY RACE FOR THE POPULATION 18 YEARS AND OVER
Universe: Total population 18 years and over
2010 Census Redistricting Data (Public Law 94-171) Summary File

Although this data is being sent so that you can have a glimpse of what might be coming later, there are a few interesting points that can be seen in the data.

For example, each of the single and two-or-more race categories for non-Hispanics increased, except for Whites and Balance of Two or More Races – although some of these increases were extremely small. The non-Hispanic White total was down (from 71.98 to 66.98) and the over White total was down (from 77.40 to 74.67).

Also, the Hispanic total was up (from 10.98 to 14.22) and, conversely, the non-Hispanic totals were down (from 89.02 to 85.78).

There are many other interesting facts that can be found in these comparisons but these tables are being sent to you to find what you think is interesting. Also, doing a similar comparison with the tables for those under 18 would be interesting but, as these tables are related to the workforce, those tables have not been constructed.

Another interesting and important point that was taken from this exercise was that the data needed for the EEO community is certainly available from AFF. However, as seen by the need to use both Tables P3 and P4 to generate the attached 2010 table, as well as a need to delete, rearrange, aggregate and disaggregate the data in the AFF tables, Census should probably not rely on standard AFF tables and searches for the next EEO Data Tool - especially given the wide range of needs and levels of sophistication of EEO data users.

Joe Donovan
________________________________________

Bay Area Affirmative Action Conference on Employment

2011-04-21T07:43:00.000-07:00

The OFCCP has sent out a flier advertising a conference intended to introduce federal contractors to Bay Area agencies who provide placement services to individuals with disabilities.

Tuesday,May17,2011
9:0 a.m. - 1:0 p.m.
Center for Independent Living
Ed Roberts Campus
3075 Adeline Street, Suite 100
Berkeley, CA 94703

The U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) cordially invites you to a Conference on Employment, co-organized by the Center for Independent Living and Lions Center for the Blind, and to take place on Tuesday, May 17, 2011.

Topics:
Section 503 of the Rehabilitation Act of 1973, reasonable accommodation, recruitment resources and employment services, compliance assistance, adaptive technology, and tax benefits.

Who Should Come:
Federal contractors, community-based organizations, and individuals with disabilities are encouraged to attend this conference to learn about equal opportunity in employment and affirmative action requirements, and the services available to help recruit, select and retain qualified individuals with disabilities.
Community-based organizations and Department of Rehabilitation representatives will be available to answer questions.

Registration will begin at 8:15 a.m. on Tuesday, May 17, 2011.
Refreshments and light lunch will be provided.
Please RSVP by Wednesday, May 4, 2011.
Send your name, title, organization, phone number and email address to OFCCP-Pacific-Region-Conference@dol.gov,or call (415) 625-7830 for more information.

BCG Staff Raising Funds to Fight Cancer

2011-04-12T09:30:00.000-07:00

Chris Lindholm, our EEO Director, is always up for a challenge. He is now training with the Leukemia & Lymphoma Society’s Team In Training to complete a 100 mile bike ride and raise funds to battle cancer. See link below to the new BCG in the community page with a link to the donation page. Every little bit counts!

"I’m training to participate in an endurance event as a member of the Leukemia & Lymphoma Society’s (LLS) Team In Training. As a family member to several special people who have suffered or were lost to cancer, it was an easy decision to accept this opportunity to both challenge myself and raise funds for fighting this terrible disease. Even though I am new to cycling, I will be training for 4 months to ride in “America’s Most Beautiful Bike Ride” – a 100 mile ride around Lake Tahoe – and raising over $2,300 to fight cancer. All of us on Team In Training are raising funds to help stop leukemia, lymphoma, Hodgkin lymphoma and myeloma from taking more lives. I am completing this event in honor of all individuals who are battling blood cancers. These people are the real heroes on our team, and we need your support to cross the ultimate finish line – a cure!"

-Chris

http://www.biddle.com/blog/bcg-in-the-community/raising-funds-to-fight-cancer/

New OFCCP Compensation Trigger Test Discussed at Multiple Industry Liaison Groups

2011-03-17T10:43:00.001-07:00

Since the National ILG conference in August of 2010 where the OFCCP declared that the old Trigger tests were not being used anymore, the Federal contractor community has been asking what OFCCP is using to determine if a contractor has a potential compensation issue that should be investigated. On March 16th, speakers at the Northern California and Southern California Industry Liaison Group meetings let it be known that the OFCCP does in fact have a Trigger test in effect.

The OFCCP takes the summary compensation data provided in the Desk Audit Letter under Item #11 and regardless of how the data is submitted (i.e. job group, job title, etc.) the OFCCP will flag either a 2% OR $2,000 difference in pay.

The expectation being that if any result is flagged as the OFCCP's Directive requires the compliance officer to request employee level data for the entire workforce. The OFCCP would then conduct further analysis of the data.

In the meantime, the EEO industry awaits word on the anticipated revision to the OFCCP compensation guidelines in addition to the results of the recent request for comment on the tool that OFCCP will use to collect compensation data in the future.

Increasing Employment of People with Disabilities in Federal Agencies

2011-03-15T14:13:00.000-07:00

U.S. Department of Labor’s Web-Based Toolkit Assists in Implementation of Executive Order 13548

The Year: 2015
The Goal: 100,000 workers with disabilities hired into the Federal government.

President Obama issued Executive Order 13548 to establish the federal government, the nation's largest employer, as a model for the employment of individuals with disabilities. The order directs agencies to improve their efforts through increased recruitment, hiring, and retention.

An online toolkit comprised of resources to assist federal agencies in recruiting, employing, and retaining individuals with disabilities is available on the U.S. Department of Labor's Office of Disability Employment Policy (ODEP) website (http://www.dol.gov/odep/federal-hire). ODEP's toolkit guides users through five key steps toward making their agency a model employer, from initial recruitment to ongoing support and retention of employees with disabilities. Topics include "do's and don'ts" for interviewing, accessibility and accommodations, how to find technical assistance and creating a pipeline of candidates.

New Orleans hosts the ILG National Conference

2011-03-15T09:15:00.000-07:00

Registration is now open for the ILG National Conference in New Orleans, Louisiana on July 25-29, 2011. Hundreds of the nation's top human resource executives and professionals from both Fortune 500 companies as well as small businesses will attend this active exchange on current workplace policies, issues, and strategies. Key federal officials will present policy updates on issues of equal employment opportunity, affirmative action and diversity. Nationally recognized speakers and experts will offer insight on leading human resource applications and celebrate and encourage continued success in the area of workplace opportunity.

Keynote Speakers: Lt. General Russel Honore, Betty Degeneres, and Mayor Mitch Landrieu.

Check out the NILG agenda and register online at: http://www.ilgconference2011.com

Early bird pricing (save $200) ends April 30.

OFCCP Posts Latest Settlement For Alleged Hiring Discrimination

2011-03-01T08:28:00.001-08:00

On February 28th, the OFCCP posted their latest Press Release regarding a settlement with a Federal contractor that allegedly discriminated in their hiring practices. The OFCCP continues to drive large settlements from contractors where there is Adverse Impact in the selection process.

Below is an excerpt from the OFCCPs Press Release. For more detail select the link below.

http://www.dol.gov/opa/media/press/ofccp/OFCCP20110211.htm

News Release

OFCCP News Release: [02/28/2011]
Contact Name: Scott Allen or Rhonda Burke
Phone Number: (312) 353-6976 or x6976
Release Number: 11-0211-CHI
US Labor Department settles discrimination case with InterCall, world’s largest provider of conferencing services

151 minority job applicants to share $700,000 settlement

CHICAGO — Federal contractor InterCall will pay $700,000 in back wages, interest and benefits to 151 minority job applicants who were subjected to discrimination by the company. The settlement follows an investigation by the U.S. Department of Labor's Office of Federal Contract Compliance Programs, which found that 103 black, 28 Asian and 20 Hispanic job applicants were systemically rejected for sales associate positions at the company's Chicago offices in 2006 and 2007. In addition to financial compensation, InterCall will extend a total of 14 offers of employment to affected applicants as positions become available.

OFCCP Sends Updated CSAL To Contractors

2011-02-28T15:51:00.000-08:00

The OFCCP has mailed an updated Corporate Scheduling Announcement Letter (CSAL) to Federal contractors. The letter is dated February 25th and it lists the establishments that OFCCP intends to audit in 2011. Previous letters used the terms Fall and Spring, while this new letter lists Winter 2011 as the "Establishments Identified For Potential Scheduling" and once again the letter clearly states that audits are not limited to the establishments listed.

OFCCP Introduces New Directive For Audits

2011-02-25T13:38:00.000-08:00

Under Charles James, the OFCCP operated under the Active Case Management (ACM) directive that defined general expectations when auditing Federal Contractors. ACM was focused on Systemic Discrimination where OFCCP conducted a high volume of audits as they sought out issues related to Adverse Impact and Compensation. If a plan didn't have any obvious issues at the desk audit stage, the OFCCP would typically close the audit and move on. When Pat Shiu took over the OFCCP in 2009, there was an immediate shift back to the more classical style of OFCCP audit where the agency reverted to reviewing all of their mandates. In December, 2010, the OFCCP put their plan in writing when they introduced the new Active Case Enforcement (ACE)strategy that became effective January 1, 2011. ACE will now take precedence over any previous directive.

The Basics:

- All contractors selected by the FCSS will be required to submit their AAP and supporting documentation to the OFCCP

- A full desk audit will be performed in every evaluation

- Every 25th contractor selected in the FCSS will receive a Full Compliance Review (that includes an on-site audit)

- Indicators of potential discrimination may be of an individual or class

- Every on-site will include a review of EO 13496

- Contractors will be exempt from another audit for 24 months after the audit’s date of closure

To read the directive, click here:

http://www.dol.gov/ofccp/regs/compliance/directives/dir295.pdf

You Have Got to Read This - FY 2012 OFCCP Budget Justification Has Just Been Released!

2011-02-14T14:15:00.000-08:00

by Patrick Nooren. Ph.D., Executive Vice President
Biddle Consulting Group

As with previous years, the place to go to find real insights regarding what lies ahead with the OFCCP is in their congressional budget justification. This document outlines the Agency’s initiatives for the upcoming year(s) and is usually full of nuggets of information . . . and this year is no exception.

While there will be modest increases in full-time employees (11) and overall budget ($3.624M) when compared to previous years, the OFCCP is undertaking several significant initiatives that will have lasting impact on the contractor community. They include (but are not limited to):

1. Electronic Submittal of AAP Data: The OFCCP will continue to focus on using technological advancements to increase the depth and breadth of their enforcement. To this end, they are continuing to fund advancements in the Federal Contractor Selection System (FCSS), the primary tool used to identify which contractors will receive scheduling letters in any given year. The Agency envisions that AAP data (e.g., hiring, promotions, terminations, workforce, compensation, etc.) will be submitted electronically by contractors via a secure web portal and that the data will be analyzed automatically, resulting in a much more efficient and focused selection process for audits. For obvious reasons, it will become more important than ever to analyze your data prior to submittal and to ensure that your organization completely understands the extent of any “issues.” The stage has already been set with the electronic submittal of EEO-1 data. It appears that AAP data is next.

2. Compensation Equity: The OFCCP is making pay equity a top priority by developing a web-based Compensation Data Collection Tool that would allow the Agency to better identify indicators of pay disparity. While the final scope of the data to be collected is still to be determined, variables such as gender, race, salary and/or average salary, and variance (a statistical term for average amount of variation in salaries) will likely be on the list. This data will be collected on 70,000 – 110,000 contractors (depending on the threshold for submittal) and allow the OFCCP to identify statistically significant disparities and focus their enforcement on those contractors with the highest likelihood of discrimination. (Note: The OFCCP intends to also make this data available on-line, in a searchable database, to improve transparency and public disclosure. Given the highly confidential nature of this data, we eagerly await to see just what data is made available.)

3. Increased Enforcement/Education: The OFCCP intends to conduct significantly more full desk-audits, additional on-site investigations, focused reviews, and stakeholder education.

4. Misclassification of Workers: The OFCCP will be focusing on efforts to deter, detect, and eliminate worker misclassification as independent contractors. They are allocating over $3.5M and 11 full-time employees to this initiative.

5. Regulatory Revisions: In FY 2012, OFCCP is scheduled to: 1) finalize its revision on 41 CFR Part 60-4 which impacts contractors and subcontractors in the construction industry, 2) finalize its revision on 41 CFR Part 60-741 which protects workers with disabilities and finalize and publish its revision on VEVRAA (summer 2011).

6. Compliance Manual Updates: Updates to the OFCCP compliance manual are ongoing and will include revised enforcement procedures to both broaden and deepen the scope of future compliance evaluations. The Agency believes that while this approach may result in fewer overall audits, it will likely result in more findings of discrimination. It’s doesn’t take an expert to see that this will also result in lengthier and more time-intensive investigations.

Editor’s Note: Electronic submittal of AAP and compensation data, if executed, would be a monumental advancement for the OFCCP. It will accomplish what has been long sought within the Agency; automation of the preliminary AAP analyses resulting in a rank-ordered list of the likeliest offenders. This would mean that contractors can no longer submit data to the OFCCP and “hope” that it somehow evades scrutiny. Under this model, all data would be analyzed, and all potential problem areas would come to light. Given this, it is imperative that contractors ensure their AAP data accurately reflects reality and that they conduct their own analyses prior to submittal. Do not hesitate to contact Biddle Consulting Group at 1.800.999.0438 should you have any questions.

New OFCCP Budget Posted for 2012

2011-02-14T11:11:00.000-08:00

On February 14th, The Department of Labor held a live Web Chat hosted by Secretary of Labor Hilda L. Solis and assistant secretaries from U.S. Department of Labor. In the web chat OFCCP Director Patricia Shiu stated that the OFCCP 2012 budget justification has been posted online. The annual budget document is labeled "FY 2012 CONGRESSIONAL BUDGET JUSTIFICATION OFFICE OF FEDERAL CONTRACT COMPLIANCE PROGRAMS"

Each year the OFCCP posts their intended agenda for the following year and 2012 will be very important as the OFCCP is agressively seeking to convert several proposed regulatory changes into law.

The link to the OFCCP section listed under Volume II can be found here:

http://www.dol.gov/dol/budget/2012/PDF/CBJ-2012-V2-04.pdf

Readers can expect a summary report from Biddle Consulting Group shortly.

OFCCP Public Announcement: WEB CHAT on DOL FY2012 Budget

2011-02-10T16:26:00.000-08:00

WEB CHAT on DOL FY2012 Budget

Secretary of labor to host live Web chat on department’s fiscal year 2012 budget request Feb. 14

WASHINGTON – Secretary of Labor Hilda L. Solis and assistant secretaries from U.S. Department of Labor agencies will host a live Web chat to discuss the department’s fiscal year 2012 budget request on Monday,
Feb. 14, at 1 p.m. EST.

WHO: Secretary of Labor Hilda L. Solis Assistant secretaries of Labor Department agencies

WHAT: Web chat on Labor Department’s fiscal year 2012 budget request

WHEN: Monday, Feb. 14 1-3 p.m. EST

WHERE: To participate in the Web chat, visit http://www.dol.gov/budget at the scheduled time.

OFCCP Posts Directive Regarding Jurisdiction Over Hospitals

2011-02-10T08:50:00.000-08:00

In December of 2010 the OFCCP issued a new directive regarding jurisdiction over hospitals who have certain contracts. Historically, hospitals have avoided the compliance requirments under Executive Order 11246 because Medicare provided insurance - not direct services. However, in 2010, an Administrative Law Judge (ALJ) determined that OFCCP does have jurisdiction under other contracts where services are being provided. Since the OFCCP v. Florida Hospital of Orlando, ALJ Case No. 2009-OFC-00002, the OFCCP has been sending out desk audit letters to hospitals citing the TRICARE contracts to support their jurisdiction and prior argument that hospitals are indeed subcontractors.

The OFCCP directive can be found through the link here:

http://op.bna.com/dlrcases.nsf/id/jaca-8dbq53/$File/OFCCP%20Health%20Care%20Directive.pdf

Below is an excerpt from the directive, outlining the basic premise:

OBSOLETE DATA: This Directive supersedes two earlier Directives. They are: Directive Number 189, Health Care Entities that Receive Medicare and/or Medicaid (December 16, 1993); and Directive Number 262, Coverage of Health Care Providers Based on their Relationship with Participants in the Federal Employees Health Benefits Program (March 17, 2003).

BACKGROUND:

A wide range of relationships exist between health care providers and/or insurers, and Federal health care programs and/or participants in Federal health care programs. Some of these relationships constitute contracts within OFCCP jurisdiction, while others do not. Recent case decisions and changes in the health care industry and Federal health care programs have given rise to questions about which health care provider/insurer relationship constitute covered Federal contracts. This Directive addresses these coverage questions with respect to three nationwide Federal health care programs – Medicare, TRICARE, and the Federal Employees Health Benefit Plan (FEHBP) – and provides guidance for assessing when a health care provider or insurer is a covered federal contractor for purposes of OFCCP jurisdiction.

Three significant OFCCP cases address health care provider coverage issues and provide the basis for a framework for the analysis of these issues. In OFCCP vs. UPMC Braddock, UPMC McKeesport, and UPMC Southside, ARB Case No. 08-048 (May 29, 2009), a case involving the FEHBP, the Department of Labor Administrative Review Board (ARB) determined that three hospitals under review by OFCCP were covered subcontractors. Each hospital had a Health Maintenance Organization (HMO) contract with UPMC Health Plan to provide medical products and services to Federal Government employees covered by the UPMC Health Plan, pursuant to the Health Plan’s contract with the U.S. Office of Personnel Management (OPM). The decision found that, under the terms of the HMO contract, the hospitals were to provide the medical services necessary for the UPMC Health Plan to meet at least a portion of its contractual obligation to OPM to put an HMO into operation. Thus, the hospitals were subcontractors subject to OFCCP jurisdiction.

2010 EEO Census File Update #3

2011-02-04T14:22:00.000-08:00

On February 4th, the Census Bureau sent out a brief update regarding the status of the 2010 EEO file that is expected to be released in 2012. The message clarifies that disability data will not be a part of the Special EEO file.

Below is a copy of the e-mail message:

________________________________________
From: CENSUS2010 CENSUS2010 [mailto:CENSUS2010.GWEST2PO.GWEST2DOM@EEOC.GOV]
Sent: Friday, February 04, 2011 1:23 PM
To: JOSEPH DONOVAN
Subject: Third Informal Update on Status of Census 2010 Special EEO File
Happy Chinese New Year!

This email is the third informal briefing on the American Community Survey (ACS) 2010 Special EEO File (Tabulation) from the Census Bureau that is expected to be released in the fall of 2012. The first and second updates are attached to this email. These updates will continue until the EEO File and the American FactFinder (AFF) programs for accessing the data in the File are released.

If you would like to be removed from this mailing list, which will be sent via bcc, please let me know. If you know of other organizations or individuals who might like to receive these notices, please send me their names or email addresses.

Please remember that this information is unofficial and will only be finalized when the Census Bureau releases the EEO File and the AFF means for accessing it.

Just as the Special EEO File has been the primary benchmark in civil rights monitoring and enforcement for determining the racial, ethnic and gender composition of labor markets, within specified geographies and job categories, it was hoped that the next EEO File would have the same status for determining benchmarks by disability and citizenship. This will definitely not be the case for disability statistics, as they cannot be included for technical reasons.

Citizenship data, which was specifically added to the EEO File to address federal employment issues, will be included in the next Special EEO File. However, the size for the smallest geographic levels (i.e., counties, aggregated counties, or places) will probably be 100,000 or more – rather than the 50,000 or more for other variables. The citizenship data should not affect the availability of tables or cross-tabulations by larger geographic areas, i.e., Combined Statistical Areas (CBA’s); Core Based Statistical Areas (CBSA’s); states; and the United States.

Again, irrespective of the variable, only tables and cross-tabulations that are permitted by the Census Bureau’s Disclosure Review Board will be produced, which might mean that some desired tabulations and cross-tabulations may not be possible due confidentiality concerns.

Finally, apart from the features within AFF to download specific tables and cross-tabulations created by the user, AFF will provide a pointer to other sites within Census where users can download the entire Special EEO or other large files. The files will be available in ASCII, SAS and, most likely, other formats. Pointers to the documentation for downloading and using these files will also be provided.

Joseph Donovan

DOL Settles Gender Discrimination Case Against Another Food Distributor

2011-02-04T08:28:00.000-08:00

Posted on February 3rd:

The OFCCP has settled another case against a food distributor. While the OFCCP has not stated publicly that they are targeting the food industry, there has been wide speculation that the meat processing industry is the focus of specific efforts to uncover potential discrimination in the hiring process. For details see OFCCPs post below:

http://www.dol.gov/opa/media/press/ofccp/OFCCP20110146.htm

OFCCP News Release: [02/03/2011]
Contact Name: Scott Allen or Rhonda Burke
Phone Number: (312) 353-6976 or x6976
Release Number: 11-0146-CHI

US Labor Department settles gender discrimination case with Green Bay Dressed Beef on behalf of 970 female applicants for $1.65 million
Agreement includes back wages, interest, benefits and job offers

GREEN BAY, Wis. — Federal contractor Green Bay Dressed Beef LLC will pay $1.65 million in back wages, interest and benefits to 970 women who were subjected to systemic discrimination by the company. The settlement follows an investigation by the U.S. Department of Labor's Office of Federal Contract Compliance Programs, which found that the women were rejected for general laborer positions at the company's Green Bay plant in 2006 and 2007.

"This is the 21st century in the United States of America. There is no such thing as a "man's job,'" said Secretary of Labor Hilda L. Solis. "I am pleased that my department has been able to work out a resolution with Green Bay Dressed Beef, and that the settlement not only compensates the victims of discrimination but also provides jobs for many of these women."

In addition to financial compensation, the beef supplier will extend a total of 248 offers of employment to affected women as positions become available. The company already has hired more than 60 of the women in the original class.

During a scheduled compliance review, OFCCP determined that the company had violated Executive Order 11246, which prohibits federal contractors from discriminating on the basis of gender in their employment practices. Under the terms of the conciliation agreement worked out between the Labor Department and the contractor, the $1.65 million will be divided among the affected women who return timely notifications. The company also has agreed to undertake extensive self-monitoring and corrective measures to ensure that all employment practices fully comply with the law and will immediately correct any discriminatory practices.

Two of Green Bay Dressed Beef’s largest clients are the U.S. Department of Agriculture and the U.S. Department of Defense — as one of the largest suppliers of beef products for the federal school lunch program and one of the leading providers of beef products to American military personnel worldwide.

In addition to Executive Order 11246, OFCCP's legal authority exists under Section 503 of the Rehabilitation Act of 1973 and the Vietnam Era Veterans' Readjustment Assistance Act of 1974. As amended, these three laws hold those who do business with the federal government, both contractors and subcontractors, to the fair and reasonable standard that they not discriminate in employment on the basis of gender, race, color, religion, national origin, disability or status as a protected veteran. For general information, call OFCCP's toll-free helpline at 800-397-6251. Additional information is also available at http://www.dol.gov/ofccp.

Veterans Hiring Toolkit

2011-01-26T08:10:00.000-08:00

With Office of Federal Contract Compliance Program issuance of ANPRM (Announcement of a Notice of Proposed Rulemaking) the Agency has brought forth the enforcement of Affirmative Action efforts for individuals with a disability and covered Veterans as a top priority. This enforcement requires Federal contractors and subcontractors to look into their employment practices in order to improve upon their recruitment, hiring, training and other opportunities for covered veterans and persons with disabilities.

On October 28, 2010, the Department of Labor announced the availability of new online toolkit employers can use, to simplify the process of recruiting and hiring veterans and wounded warriors in their organizations.
The Veterans Hiring Toolkit, which is part of the America’s Heroes at Work initiative, is a six step guide that entails of:

1). Designing a strategy for your veterans hiring program
2). Creating a welcome and educated workplace for veterans
3). Actively recruiting veterans, wounded warriors and military spouses
4). Hiring qualified veterans and learning how to accommodate wounded warriors
5). Promoting an inclusive workplace to retain veteran employees
6). Access to helpful tools and resources

For the in depth exposure of the Veterans Tool Kit, we have provided you the link below:

http://www.americasheroesatwork.gov/forEmployers/HiringToolkit

Since each employers policies, procedures and organizational practices are unique, this new toolkit will provide a room for customization and provide the best resources that will yield successful results.

OFCCP Survey Confirms Aggressive Focus on Disability Accomodation

2011-01-20T16:18:00.000-08:00

The contractor community has known for a long time that the OFCCP is focusing on (amongst other areas) outreach and recruitment for individuals with disabilities. Related to this, contractors are increasingly being sent “disability accommodation” questionnaires related to their websites and whether they are being developed with consideration for individuals with disabilities. Following are some of the questions contractors are facing:

1. Do you have an online application system used as a method for accepting applications for employment?
2. Are there non-online application methods?
3. Do you provide accommodations for people who cannot use the online system because of a disability?
4. Is your application system compatible with adaptive technology?
5. Do visually impaired applicants have an audio option?
6. Do hearing impaired applicants have a visual option?
7. Do applicants without access to a computer have an in-office application option? If so, is the in-office option accessible to applicants with mobility impairments?
8. Does your organization have a statement or policy indicating that it will take affirmative action to employ and advance individuals with disabilities?
9. Do you periodically evaluate and audit your organization’s personnel processes?
10. Have you provided reasonable accommodations to applicants with disabilities? If no, explain why:
11. Have you ensured that its recruitment process is accessible to all individuals?

Of course, the impact of negative findings to any of these questions will be specific to the audit, but one thing is clear, the OFCCP is following through on its commitment to enforce all of its mandates, including Section 503 of the Rehabilitation Act.

If you would like to talk with a BCG consultant regarding how to best prepare your organization for the increased oversight, contact us directly at 1.800.999.0438 x 102 or email us directly at staff@biddle.com.

Highlights of OFCCP Live Webchat on January 7th

2011-01-07T15:29:00.000-08:00

On January 7th, 2011 Pat Shiu, Director of OFCCP, held a live webchat where she answered questions regarding OFCCP's plans for 2011. There was significant interest in all of the proposed regulations as well as plans for compensation analysis, the Corporate Scheduling Announcement Letter (CSAL), and more.

Below is a brief series of highlights from the chat log. For the entire log, readers can use this link:
http://www.dol.gov/regulations/chat-ofccp-201012.htm

Highlights:

Status of Functional Affirmative Action Plans (FAAPs) - OFCCP staff anticipates releasing new guidance on the Functional Affirmative Action Program in the very near future.

Status of Federal Contract Compliance Manual (FCCM) update - OFCCP staff anticipates completion of the FCCM in the near future, hopefully within the next 60 days.

Rumor about compensation analyses - There are lots of rumors that OFCCP will bring back the "DuBray" pay grade analysis. It is just a rumor.

Current OFCCP methods for analyzing compensation - Currently, OFCCP is analyzing compensation data using Title VII principles.

Status of 2010 EEO Census file - the census bureau published an email stating that the full EEO file is expected in the fall of 2012.

Status of EO Survey consideration - We are not reissuing the old EO Survey, but we are in the process of developing a new compensation data collection tool.

Expected notice date for proposed changes to Section 503 of the Rehabilitation Act regulations - OFCCP’s Section 503 Notice of Proposed Rulemaking (NPRM) would strengthen the affirmative action requirements for federal contractors and subcontractors. The NPRM is projected for publication in the Federal Register in August 2011.

Future of Corporate Scheduling Announcement Letters (CSAL) - Corporate Scheduling Announcement Letters are a courtesy OFCCP provides to companies with two or more establishments on the neutral scheduling list. Yes, OFCCP plans to continue sending the CSAL letters during FY 2011. The next round of CSAL letters will be sent in the Spring.

Expected notice date for proposed changes to VEVRAA regulations - Currently we anticipate publishing the VEVRAA NPRM in January.

Expected notice date for proposed changes to Construction regulations - The Construction Contractor NPRM is expected to be released in July 2011.

Website for Advance Notice postings - The Advanced Notice of Proposed Rulemaking (ANPRM) regarding wage data and the new data tool is located here: http://www.regulations.gov/search/regs/home.html#home. Do a search on that web page for RIN number 1250-AA03.

Future Town Hall Meetings - Yes we will continue to hold stakeholder meetings, as we have over the last year. Notice of the meetings can be found on the OFCCP DOL webpage.

Involvement in the Dodd-Frank reform bill - The DOL Deputy Secretary sent a letter to his counterparts at all of the covered federal financial agencies inviting them to partner with DOL OFCCP as they go about establishing their agency’s OMWI. OFCCP has held introductory meetings with several of these agencies and anticipate ongoing communication, coordination, and collaboration to ensure consistency in approaches and avoid duplication of efforts.

Effect of budget cuts on OFCCP staffing - As you may know, under President Obama's leadership, OFCCP's budget has increased by 25% and our staff has grown by 35%. For the first time in more than a decade, we have hosted uniform, national, high-quality training for more than 200 newly hired compliance officers. All of this is part of OFCCP's renewed commitment to protecting workers, promoting diversity and enforcing the law. We look forward to continuing our efforts through trainings and increased enforcement activities in the coming year and we will make that case to the Members of Congress.

Tracking disability status for applicants - OFCCP is seriously considering whether self-identificaiton can be better used to assist businesses in strengthening their AAPs. OFCCP welcomes your input on the NPRM once it is published.

OFCCP Publishes Proposed Rescission of Compensation Guildeines

2011-01-06T10:32:00.000-08:00

On January 3rd, the OFCCP posted their proposal in the Federal Register to rescind the compensation guidelines published in 2006. The purpose being that OFCCP has found the previous guidelines to be too restrictive and that new guidelines are necessary to provide OFCCP with the tools to meet President Obama's desire to eliminate pay inequities.

Below is a exerpt taken from the January 3rd posting. Note that the public comment period ends on March 4th.

http://www.regulations.gov/#!documentDetail;D=OFCCP-2011-0001-0001

DEPARTMENT OF LABOR

Office of Federal Contract Compliance Programs

41 CFR Parts 60-1 and 60-2

RIN 1250-ZA00

Interpretive Standards for Systemic Compensation Discrimination
and Voluntary Guidelines for Self-Evaluation of Compensation Practices
Under Executive Order 11246; Notice of Proposed Rescission

AGENCY: Office of Federal Contract Compliance Programs, Labor.

ACTION: Notice of proposed rescission.

-----------------------------------------------------------------------

SUMMARY: The Office of Federal Contract Compliance Programs (OFCCP) is
proposing to rescind two guidance documents addressing compensation
discrimination: Interpreting Nondiscrimination Requirements of
Executive Order 11246 with respect to Systemic Compensation
Discrimination (Standards) and Voluntary Guidelines for Self-Evaluation
of Compensation Practices for Compliance with Executive Order 11246
with respect to Systemic Compensation Discrimination (Voluntary
Guidelines). OFCCP is proposing to rescind the Standards which have
limited OFCCP's ability to effectively investigate, analyze and
identify compensation discrimination. In so doing, OFCCP will continue
to adhere to the principles of Title VII of the Civil Rights Act of
1964, as amended (Title VII) in investigating compensation
discrimination and will reinstitute flexibility in its use of
investigative approaches and tools. OFCCP also proposes to establish
procedures for investigating compensation discrimination through the
traditional means of using its compliance manual, directives and other
staff guidance. OFCCP is proposing to rescind the Voluntary Guidelines
because they are largely unused by the Federal Government contracting
community and have not been an effective enforcement strategy.

DATES: Comments must be received on or before March 4, 2011.

ADDRESSES: You may submit comments, identified by number 1250-ZNE, by
any of the following methods:
Federal eRulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments.
Fax: (202) 693-1304 (for comments of 6 pages or fewer).
Mail: Director, Division of Policy, Planning, and Program
Development, Office of Federal Contract Compliance Programs, Room
N3422, 200 Constitution Avenue, NW., Washington, DC 20210.
Receipt of submissions will not be acknowledged; however, the
sender may request confirmation that a submission has been received by
telephoning OFCCP at (202) 693-0102 (voice) or (202) 693-1337 (TTY)
(these are not toll-free numbers).
All comments received, including any personal information provided,
will be available online at http://www.regulations.gov and for public
inspection during normal business hours at Room C3325, 200 Constitution
Avenue, NW., Washington, DC 20210. Individuals needing assistance to
review comments will be provided with appropriate aids such as readers
or print magnifiers. Copies of this Notice of Proposed Rescission will
be made available in the following formats: Large print; Braille;
electronic file on computer disk; and audiotape. To schedule an
appointment to review the comments and/or to obtain this Notice of
Proposed Rescission in an alternate format, contact OFCCP at the
telephone numbers or address listed above.

FOR FURTHER INFORMATION CONTACT: Director, Division of Policy,
Planning, and Program Development, Office of Federal Contract
Compliance Programs, 200 Constitution Avenue, NW., Room N3422,
Washington, DC 20210. Telephone: (202) 693-0102 (voice) or (202) 693-
1337 (TTY).

OFCCP to Host Employment Conference in Northern California

2011-01-05T07:45:00.000-08:00

Federal Contractors in Northern California are encouraged to attend a conference being hosted by the OFCCP. See details posted by OFCCP below:

Attention Federal Contractors!

The U.S. Department of Labor, Office of Federal Contract Compliance Programs,
strongly encourages you to attend this upcoming conference.

Register online today at http://northbayemploymentconsortium.eventbrite.com

The Sonoma County Mental Health Employment Consortium cordially invites you to its Conference on Employment on Wednesday, January 26, 2011, with the U.S. Department of Labor’s Office of Federal Contract Compliance Programs.

Who Should Come:
Employers and federal contractors are encouraged to attend this free conference to learn more about equal employment and affirmative action requirements and the services available to help recruit and retain qualified employees with disabilities.

Community-based organizations and Department of Rehabilitation representatives will be on-hand to answer questions and provide information on local recruitment resources and employment services offered by the State of California. Topics will cover reasonable accommodations, Section 503 of the Rehabilitation Act of 1973, compliance assistance, and tax benefits.

Employees with disabilities bring unique experiences and understanding that transform can a workplace and enhance products and services. Come learn the steps you can take to leverage the underutilized talent of individuals with all types of disabilities.

Registration will begin at 8:15 a.m. on Wednesday, January 26, 2011.

Web Chat with Pat Shiu: January 7, 2011

2010-12-27T08:09:00.000-08:00

Patricia Shiu recently addressed the contractor community to join her on Friday, January 7 as she hosts a live web chat from 1:30-2:30 PM (EST) to discuss OFCCP's regualatory agenda. The OFCCP is also seeking public comment on how they can collect data regarding worker compensation in order to close the persisting wage gap between men and women.

To review the Fall 2010 Regulatory Agenda that will be discussed during the web chat, click here. http://www.dol.gov/ofccp/regs/compliance/DOL_Fall_2010_Regulatory_Agenda.pdf#page76

To join the chat and find other useful information about the Department of Labor's agenda, including fact sheets, videos, and archival material visit www.dol.gov/regulations.

Placement Goals for Persons with Disabilities

2010-12-22T15:23:00.000-08:00

As many Federal contractors may know, the OFCCP has announced through various conferences and webinars that they intend to require placement goals for persons with disabilities in the very near future. Hence, the question that the Federal contracting community is asking is: “Where is the OFCCP getting the numbers to drive such an ambitious goal?” Prior to 2008, the Bureau of Labor Statistics had not asked survey questions in regard to persons’ disabilities. However in 2008, in the annual American Community Survey (ACS), the Bureau started asking more questions about people with disabilities. The types of questions being asked have become more specific and extensive when compared to surveys from prior years.

Currently, the disability questions on the ACS focus on the effect of one’s disability upon his/her physical life as well as the person’s work history within the past year. Specifically, the questions revolved around the respondent’s disability and whether it affected their ability to work. Furthermore, questions were asked in regards to the respondents’ education, occupation, industrial sector they worked in, and wages. Thus, with the introduction of the new questions being asked about disability since 2008, the OFCCP will be able to determine availability for persons with disabilities by utilizing a three-year rollup of data from 2008, 2009, and 2010.

Additional E-Mail Sent Regarding 2010 EEO Census File

2010-12-17T15:34:00.000-08:00

On December 17th, staff from the EEOC sent an e-mail to subscribers regarding additional details about the 2010 EEO census file. Below is an abbreviated copy of the e-mail. If you would like to receive a copy of any of the attachments associated with the message below, please e-mail us at staff@biddle.com and we would be happy to send over a copy of the Adobe file.

"To All,

Happy Holidays!

This email is the second informal update on the status of the American
Community Survey 2010 Special EEO Tabulation from the Census Bureau.
These updates will continue, as needed, until the EEO (Tabulation) File and its accompanying means for accessing data from the File are released in the fall of 2012.

Also, please remember that this information is unofficial and
provisional, as it will only be finalized shortly before the Census
Bureau releases the EEO File and its mechanism for accessing it. This
mailing is to informally update you on the current status of the File
and related matters.

As for the information on “disability,” it could not be made part
of this upcoming File for two reasons: (1) there was a ‘break in
series,” i.e., the same questions were not asked over the 2006 through
2010 time-frame and (2) research on the six questions that might have
been used to identify those who had a “disability” was not
conducted.

As mentioned in the first update, the occupational crosswalks for the
2010 File will be based in the 2010 Standard Occupational Classification
System. Interesting and detailed information on the 2010 SOC can be
found in the August 2010 edition of the Monthly Labor Review “Revising
the Standard Occupational Classification system for 2010.”

One of the attachments to this email is the currently proposed
crosswalk from the 840 detailed occupational codes contained in the SOC
system to the approximately 479 detailed occupational categories coded
by and available from Census for worksite data. (There will an
additional category for residence data.) The civil rights agencies
having this Special EEO File created asked Census for additional
occupational categories but the requests could not be met because of
difficulties in coding the responses found on the Census forms or
because more time was needed to study the feasibility of meeting these
requests. This same attachment contains the crosswalks between and
among the various occupational groupings required for various purposes.
In addition to the primary SOC to Census crosswalk, the attachment shows
the proposed crosswalks for the federal Office of Personnel Management
(OPM) job categories; the EEOC’s nine EEO-1 form categories; the
EEOC’s nine MD-715 Federal Sector categories; and the generally
useful 14 EEO categories, which can be easily collapsed into the nine
EEO-1 categories.

The Census codes will, more likely than not, consist of four digit
codes.

In addition to the standard numbers and derived percents, the EEO File
will have a standard-error or margin-of-error available for every number
or estimate.

For the first update, the plan for geographic levels was to include
counties, including aggregated counties, or places of 50,000 or more;
Combined Statistical Areas (CBA’s); Core Based Statistical Areas
(CBSA’s); states; and the United States. However, it now appears that
Combined Statistical Areas (CBA’s) will not be provided for several
reasons, including the fact that they can be constructed from lower
level geographies.

The mechanism for accessing and tabulating information from the Census
2010 Special EEO File will be created by the Census Bureau for the
Federal Consortium of civil rights agencies. It will be part of the
American FactFinder and will have a new look and feel, be more powerful,
and - at the same time - be more user-friendly.

The basic EEO tables produced will probably consist of a standard or
user-modified table of numbers and table of percents, just as with the
previous 2000 EEO File Data Tool
(http://www.census.gov/eeo2000/index.html). It will most likely be
able produce an additional table of standard-errors or margins-of-error
that correspond to each of the estimates contained in the table of
numbers.

From my perspective, it appears as though the primary means of
accessing Census data, whether from the Special EEO File or not, will be
through the new American FactFinder, which is to debut in January 2011.
The new FactFinder will have a “New Look, New Tools, and Easier
Access.” The Census Bureau believes that FactFinder will allow users
to find data in a more user-friendly way, such as through quick searches
and filtered searches. As seen in advanced demonstrations, the new
FactFinder will have more flexible table-generating and
report-formatting features that will permit various sorts, views and
reports. The FactFinder will allow rows and columns to be collapsed or
expanded, reordered, hidden, and transposed. It will allow original and
modified tables to be bookmarked. It will also allow data and tables to
be downloaded in various formats, such as .csv, .xls, and .pdf. The new
American FactFinder will include enhanced reference and thematic maps as
essential features.

Again, from my perspective, the capabilities of the Census 2000 EEO
Data Tool will now be found in special EEO sections of the new American
FactFinder and not in a stand-alone product. In other words, in my
opinion, the basic mechanism for finding, sorting, and reporting data
from the Special EEO File will be through various EEO sections of
FactFinder. In addition to the general tools that are available to
everyone for accessing and using the data in the EEO Special File, there
will be query and report tools created by the various civil rights
agencies that will make it easy for users of the File to find and
produce what they need. In other words, the traditional users of the
EEO Special File will be guided by American FactFinder to special
sections that have been developed for them by the Federal civil rights
agencies. In essence, the features and capabilities of the previous
2000 Special EEO File Data Tool will be incorporated in FactFinder
through special EEO sections, which will provide steps for the EEO
community to find, format, print and download what they need.

Despite all of the preceding information on the current status of the
Special EEO File and the means for accessing it, the entire project is
still a work-in-progress.

Joseph Donovan"

New CSAL Letters Arriving on Federal Contractors Desks

2010-12-15T14:16:00.000-08:00

As promised, the OFCCP has mailed out the 2011 Corporate Scheduling Announcement Letter (CSAL). At least one set of letters was dated December 6th, so contractors should be checking in with their CEO to see if a letter was received. The text of the updated letters appears to be largely the same as previously issued versions.

For details associated with the CSAL, see the Frequently Asked Questions from the OFCCP webiste listed here:

http://www.dol.gov/ofccp/regs/compliance/faqs/csalfaqs.htm

More Details on 2010 EEO Census File Emerge

2010-12-07T09:25:00.000-08:00

More details are being posted regarding the 2010 EEO census file for use in the development of Affirmative Action Plans. First, the list of census codes has been released and can be found here:

http://www.census.gov/hhes/www/ioindex/ioindex.html

The 2010 EEO census occupational list has 539 codes and 4 military codes. The list, available in spreadsheet format, is separated by job category.

Additional details were made available in a Powerpoint presentation by the US Census Bureau. The summary is as follows:

- File is sponsored by The EEOC, OFCCP, Dept. of Justice Civil Rights Division and the Office of Personnel Management

- Similar to the 2000 EEO file, the 2010 file is a special tabulation of the civilian labor force (CLF) aged 16 and older

- Occupation by sex by race/ethnicity, and other characteristics for detailed geography

- External benchmark for conducting comparisons between the racial, ethnic, and sex composition of each employer's workforce to its available labor market

- Used by organizations to develop and update their affirmative action plans

- Monitoring/enforcing Civil Rights laws:
Title VII of the Civil Rights Act of 1964 (Title VII)
Age Discrimination in Employment Act (ADEA)
Americans with Disabilities Act (ADA)
Equal Pay Act of 1963 (EPA)
Rehabilitation Act of 1973

- New for the 2010 EEO File
ACS 2006-2010 5-year file
Margins of error
2010 Census population base
2010 SOC Occupation categories
Additional variable: Citizenship

- Three Geography Types
Residence
Worksite
Worflow Geography

- Geography Levels
U.S. Total
All states
Core Based Statistical Areas (CBSA’s) of 50,000 or more
Counties and County Sets (Counties with populations of 50,000 or more or aggregations of counties that together have a population of 50,000 or more.)
Places of 50,000 or more

- Expected Availability - Fall 2012

Link to the slides is here:

http://search.census.gov/search?q=2010+eeo+tabulation&filter=0&entqr=0&output=xml_no_dtd&ud=1&client=subsite&proxystylesheet=subsite&hq=inurl%3Awww.census.gov%2Fhhes%2Fwww%2Feeoindex&subtitle=&sort=date%3AD%3AL%3Ad1&oe=UTF-8&ie=UTF-8

OFCCP Continues to Pursue Discrimination Cases Against Food and Beverage Suppliers

2010-12-03T08:24:00.000-08:00

On Thursday, December 2, 2010 the OFCCP posted their latest case against a food and beverage supplier. Over the last 24 months, food and beverage contractors have continuously found themselves under the OFCCP's microscope and in the press due to issues in female and minority hiring. While the OFCCP has not stated that they are focused on the food and beverage industry, any internet search of OFCCP complaints against Federal contractors will show that over the last two years there has been a steady stream of six-figure settlements against food and beverage distributors.

See details and link to OFCCP web posting below:
http://www.dol.gov/opa/media/press/ofccp/OFCCP20101644.htm

Wholesale Food Distributor Sued for Discrimination Against Women

Nash Finch Company, the second largest wholesale food distributor in the U.S., was sued this week by the Office of Federal Contract Compliance Programs for systemic discrimination against more than 80 qualified female applicants who sought positions at the company's Lumberton, N.C., facility. Over the past decade, the Minneapolis-based company has been involved in several discrimination cases with OFCCP at various facilities throughout the country. "It is unacceptable that a company which profits from lucrative federal contracts would repeatedly violate the law in this manner," said OFCCP Director Patricia A. Shiu. "Nash Finch has demonstrated an unfortunate pattern and practice of hiring discrimination, and the American taxpayers should not have to bankroll their bad behavior anymore."

OFCCP Posts Latest Lawsuit Alleging Hiring Discrimination

2010-11-24T15:56:00.001-08:00

On November 23rd, 2010 the OFCCP posted notice of a lawsuit filed against another Federal contractor for alleged discriminatory hiring practices. The suit highlights Federal contractors' continuing struggles with Adverse Impact in the hiring/selection process.

There has been a consistent trend in recent years where the OFCCP has continuously identified disparities in the hiring process against various race and gender groups. Lawsuits such as the one listed below should serve as a reminder to Federal contractors that detailed recordkeeping, especially during the hiring process, is critical for contractors to gain the ability to proactively identify disparities in hiring before the OFCCP conducts an audit. Often, when a desk audit letter arrives it may be too late to prevent the contractor from being subjected to scrutinty resulting in a conciliation agreement or worse.

Posted by OFCCP, November 23, 2010.
Office of Federal Contract Compliance Programs (OFCCP)

Latest Events and News

News Release
OFCCP News Release: [11/23/2010]
Contact Name: Rhonda Burke or Scott Allen
Phone Number: (312) 353-6976
Release Number: 10-1605-CHI

US Department of Labor sues Meyer Tool Inc. for systemic discrimination against African-Americans

Complaint seeks remedies for affected machinist applicants

CINCINNATI - The U.S. Department of Labor's Office of Federal Contract Compliance Programs has filed an administrative complaint against Meyer Tool Inc., a federal contractor that manufactures engine parts for the aerospace industry. The suit alleges that Meyer Tool systematically rejected African-American job applicants who sought entry-level machinist positions at its plant in Cincinnati.

To see the entire post select the link below:

http://www.dol.gov/ofccp/OFCCPNews/LatestNews.htm#news1

Senate Does Not Pass the Paycheck Fairness Act

2010-11-17T09:57:00.000-08:00

The Paycheck Fairness Act bill, designed to lessen the gender wage gap, did not get the necessary Senate votes in order to move forward (it garnered only 58 votes out of the necessary 60 votes).

Under the current Equal Pay Act, once an employee established a prima facie evidence of pay discrimination based on sex, the burden of proof shifts to the employer to show that the said wage gap is due to "any other factor other than sex."

The Paycheck Fairness Act sought to replace the "any other factor other than sex" defense to "bona fide factor(s)." This meant that the employer would have had to demonstrate that the at-issue pay gap is due to business necessity. Once the employer successfully demonstrated the business necessity defense, the burden would shift back to the employee. The employee would then have to show that an alternate employment practice is available (i.e., an employment practice that will serve the same purpose BUT will not create the significant pay gap) and that the employer chose not to implement such an employment practice. The passing of the Paycheck Fairness Act would have made it easier for employees to bring class action lawsuit.

Corporate Scheduling Announcement Letter (CSAL) To Continue

2010-11-15T07:36:00.000-08:00

Today, the chair of the National Industry Liaison Group for Affirmative Action Planning sent notice out to the regional ILG's that after a short delay, OFCCP has elected to continue sending out the Corporate Scheduling Announcement Letter (CSAL). As recently as October Pat Shiu, Director of OFCCP, stated at the National Employment Law conference in San Francisco that she would be considering the CSAL in the future but there was no clear direction at this time.

The release of the CSAL is welcome news to Federal contractors as the letter provides advance notice to the contractor regarding the number and location of establishments that can expect to receive a desk audit letter in the near future. While there has been concern from various agencies in the past that the CSAL might allow contractors to focus on compliance only in establishments where they know an audit letter may show up, it is the experience of BCG that the CSAL heightens overall compliance awareness.

Contractors should also be reminded that the previous cap of 25 establishment no longer exists and that OFCCP is not bound by the CSAL in determining which sites they may choose to audit. In the recent past, BCG has found that the desk audits typically follow the CSAL listing, although it is not a certainty that the various OFCCP regions will only audit sites on the list.

To read more about the guidelines associated with the CSAL, see the OFCCP Frequently Asked Questions link here:

http://www.dol.gov/ofccp/regs/compliance/faqs/csalfaqs.htm

The quote from the NILG regarding the pending release of a new round of CSALs is here:

"The NILG Chair confirmed with Director Shiu's office that the OFCCP will continue sending CSALs as advance notice for establishments that have been identified for potential compliance reviews. The OFCCP has stated that the next round of CSALs will be mailed out in the next two months. Please share this information with your members."

EEOC Reviews Use of Credit History as a Factor in Employee Selection

2010-11-01T11:48:00.000-07:00

Recently, the EEOC posted a press release regarding a public meeting that was held to hear opinions about the use of credit checks as a factor in hiring decisions. There has always been significant concern in the EEO field about the use of subjective criteria in hiring and the use of credit checks as part of employee selection has been a hot topic for many years.

See Press Release posted on the EEOC website below:

http://www.eeoc.gov/eeoc/newsroom/release/10-20-10b.cfm

PRESS RELEASE
10-20-10

EEOC Public Meeting Explores the Use of Credit Histories as Employee Selection Criteria

Growing Practice Can Have Disparate Impact on African-Americans, Latinos; Are Not Predictive of Job Performance, Some Witnesses Say

WASHINGTON—The U.S. Equal Employment Opportunity Commission (EEOC) held a public Commission meeting today to hear testimony from representatives of various stakeholder groups as well as social scientists and the Federal Trade Commission on the growing use of credit histories as selection criteria in employment.

“High unemployment has forced an increasing number of people to enter or re-enter the job market,” said EEOC Chair Jacqueline A. Berrien. “As a result, an ever increasing number of job applicants and workers are being exposed to employment screening tools, such as credit checks, that could unfairly exclude them from job opportunities. Today’s discussion provided important input into our agency’s work to ensure that the workplace is made free of all barriers to equal opportunity.”

The Commission heard from a diverse set of experts. Chi Chi Wu of the National Consumer Law Center (NCLC) expressed grave concerns that the use of credit histories is mushrooming at the time of economic instability for many Americans, noting that the use of credit histories “create[s] a fundamental ‘Catch-22’ for job applicants,” especially during this period of high unemployment and high foreclosures, both of which have a negative impact on credit.” She observed, “You can’t re-establish your credit if you can’t get a job, and you can’t get a job if you’ve got bad credit.” This view was echoed by several of the witnesses.

Sarah Crawford of the Lawyers’ Committee for Civil Rights Under Law and Dr. Avis Jones-DeWeever from the National Council of Negro Women, explained that the use of credit histories in the employment context can have a disparate impact on a range of protected groups, including people of color, women, and people with disabilities. While the use of credit checks as employment screens increases, Crawford cited studies that show credit history is a poor predictor of job performance. Additionally, she pointed out that many credit reports are riddled with errors or incomplete information, a view that was echoed by Wu of the NCLC, making whatever predictive value they might have even less reliable.

Representatives from the business community—Michael Eastman of the U.S. Chamber of Commerce, Christine V. Walters of the Society of Human Resources Management (SHRM) and Pamela Quigley Devata of the law firm Seyfarth Shaw, LLP—told the Commission that the use of credit histories is permissible by law, limited in scope, and predictive in certain situations of reliability.

Walters of SHRM said that “13 percent of organizations conduct credit checks on all job candidates … [and] another 47 percent … consider credit history … for select jobs,” but for those employers, “credit histories are but one piece of the puzzle.” It is the experience of SHRM member companies that very few utilize credit histories for every single job opening. Devata asserted that the use of credit histories is driven, in part, by the need for background information on potential employees in a current environment when it is difficult to obtain any but the most basic information in job references.

However, Dr. Michael Aamodt, an industrial psychologist, said that although there is considerable research that supports the use of credit scores in making consumer decisions, there is little research exploring the implications of using credit checks in the employment context. Given the potential for discriminatory exclusion, he concluded that it would be wise to use an applicant’s credit history only within the context of a thorough background check.

This meeting is one of several throughout the year that will examine barriers to employment and their potential adverse impact on protected groups. The statements of all the panelists, along with their biographies, can be found on the EEOC’s website at http://www.eeoc.gov/eeoc/meetings/10-20-10/index.cfm. A complete transcript of the testimony will be posted later.

The EEOC enforces the nation’s laws against employment discrimination. More information is available on the Commission’s website at www.eeoc.gov.

OFCCP Sends Request to Rescind Compensation Guidelines to the OMB

2010-10-26T16:55:00.000-07:00

by Patrick Nooren
EVP Biddle Consulting Group

The OFCCP submitted an official notice to the Office of Management and Budget (OMB) of their intent to rescind the compensation analysis standards and guidelines originally published in June, 2006. This should come as no surprise to BCG clients and BCGI members given the lack of success the OFCCP has had in enforcing these standards. In hindsight, the writing should have been on the walls from the onset. While overall technically, statistically, and legally sound, requiring the Agency to use multiple regression analyses (MRA) that meet certain minimum sample size requirements to support claims of compensation disparities creates a very difficult, uphill battle for enforcement. Look for the OFCCP to issue new guidelines in the future with softened text regarding the use of multiple regression and new, additional content regarding their current enforcement tactics related to investigating individual disparities (much like Equal Pay Act investigations).

Stay tuned.

OFCCP Posts Large Settlement with Meat Processing Company

2010-10-21T17:14:00.000-07:00

News Release posted by OFCCP on 10/21/2010.

http://www.dol.gov/opa/media/press/ofccp/ofccp20101461.htm

OFCCP News Release: [10/21/2010]
Contact Name: Elizabeth Todd or Juan Rodriguez
Phone Number: (972) 850-4710 or x4709
Release Number: 10-1461-DAL
US Labor Department settles hiring discrimination case with Tyson Refrigerated Processed Meats in Vernon, Texas

Affected job applicants to receive back wages, interest and job offers

VERNON, Texas — The U.S. Department of Labor's Office of Federal Contract Compliance Programs has announced that Tyson Refrigerated Processed Meats Inc. has agreed to settle findings of hiring discrimination against 157 African-American and 375 Caucasian applicants for laborer positions at the company's bacon processing plant in Vernon.

"The Labor Department is committed to leveling the playing field for all workers," said OFCCP Director Patricia A. Shiu. "A company that profits from taxpayer dollars must not discriminate, period."

OFCCP investigators found that African-American and Caucasian applicants were less likely to be hired than similarly situated Hispanic applicants over a two-year period.

Under the terms of the conciliation agreement, Tyson Refrigerated Processed Meats will pay a total of $560,000 in back pay and interest to the 532 applicants. Additionally, the company will make job offers to 59 of the 532 eligible class members as laborer positions become available and revise the practices, policies and procedures it uses to recruit, track and hire applicants to fully comply with the law and immediately correct discriminatory practices.

This agreement follows litigation by OFCCP involving two other subsidiaries of Tyson Foods Inc. In 2008, a Labor Department administrative law judge found that TNT Crust in Green Bay, Wis., systematically discriminated against Hispanic applicants in its hiring. In September 2010, OFCCP filed an administrative complaint against a Tyson Fresh Meats plant in Joslin, Ill., for systematically rejecting female applicants seeking entry-level positions.

OFCCP, an agency of the U.S. Department of Labor, enforces Executive Order 11246, Section 503 of the Rehabilitation Act of 1973, and the Vietnam Era Veterans' Readjustment Assistance Act of 1974 that prohibit employment discrimination by federal contractors. The agency monitors federal contractors to ensure that they provide equal employment opportunities without regard to race, gender, color, religion, national origin, disability or veteran status.

OFCCP Lands Large Settlement in Discrimination Case

2010-10-07T10:45:00.000-07:00

The Associated Press has reported that the OFCCP has landed a large settlement in another hiring case. See posting from NY Times below:

NC Bottler to Pay $495K on Discrimination Claims
By THE ASSOCIATED PRESS
Published: October 7, 2010

"CHARLOTTE, N.C. (AP) — The second-largest bottler of Coca-Cola products in the nation will pay $495,000 to settle a federal case involving charges of racially discriminatory hiring practices.

The Coca-Cola Bottling Company Consolidated, a Charlotte-based firm that is separate from the Atlanta-based Coca-Cola Company, will pay the money in back wages plus interest to 95 black and Hispanic jobseekers who applied for sales positions in 2002, according to the U.S. Department of Labor.

In addition, the bottler has agreed to offer jobs to those applicants until at least 23 are hired.

The labor department's Office of Federal Contract Compliance Programs said an investigation determined that qualified nonwhite applicants were not being hired at the same rate as qualified white applicants. In some cases, the black and Latino applicants had more experience and education than some of the whites who did get jobs, according to the agency.

The office launched the investigation because the bottler is a federal contractor, supplying Coke-brand products to a number of military and government agencies.

"Being a federal contractor is a privilege that comes with an obligation to ensure equal opportunity in employment," said Patricia Shiu, director of the contract compliance office, in a statement.

The bottler agreed to the settlement, but admits no wrongdoing in the case, according to a statement provided by Alison Patient, director of corporate affairs at the company."

"Coca-Cola Bottling Co. Consolidated did not and does not discriminate against any person for any reason," the statement said. "There were legitimate non-discriminatory reasons for not hiring certain applicants who are the subject of this claim."

Bringing back the EO Survey?

2010-10-04T13:31:00.000-07:00

The U.S. Department of Labor (DOL) is interested in bringing back the Equal Opportunity (EO) Survey even if the Paycheck Fairness Act (PFA), which requires one half of federal contractors to receive the EO survey yearly, is not overhauled. On the other side, the Office of Federal Contract Compliance Program (OFCCP) is seeking input from stakeholders on how to improve the Survey and what new data should be implemented on the upcoming version. Though nothing is certain, rather than asking “If” the survey is coming back, we should be asking “When” and in what form; the original or a modified version.

The purpose of the EO survey, as stated in CFR 41 60-2.18 (a) was to “provide the OFCCP compliance data early in the compliance evaluation process, thus allowing the agency to more effectively identify contractor establishment for further evaluation.” The survey first came out during the Clinton administration but during the Bush administration, OFCCP stopped using the EO Survey due to the results of a study by Abt Associates Inc. that revealed that the survey was not a valid tool for predicting systemic discrimination. Though this study was criticized by many as being flawed, the EO survey was still discontinued.

The survey itself was required to be completed and submitted back to the OFCCP within 45 days of notice. It was estimated to take about 21 hours (on average), but often took double or even triple that time. Federal contractors with multiple locations were struggling to put this information together while working on their Affirmative Action Plans as well. Imagine having 500 sites and being required to complete at least 250 (50%) surveys on those sites in 45 days.

Some of the flaws that were found on the original survey included: survey did not ask for data information on part-time employees even though Affirmative Action Plans do include this information. Also, it asked contractors to identify the full/part time status of their applicants, though most contractors rarely keep track of FT/PT applicant status.

Furthermore, the definition of an applicant is outdated and the new internet applicant regulations need to be employed.

Finally, the compensation section has garnered some special concern; the survey required compensation data by the old (9) EEO category or affirmative action job group, rather than the new (10) EEO categories. The issue becomes apparent when analyzing the compensation data because it is without a doubt that a CEO will significantly earned more than an office supervisor. But under the old rubric both are considered EEO 1 – Officials and Managers. Many have proposed aggregating the EO survey over the new 10-category system in the same way the 2007 overhaul of the EEO-1 did.

Announced September 28th by Secretary of Labor Hilda L. Solis, the DOL needs to collect more data to ensure fair and equitable pay, especially in regards to women. She did not state what additional data they would like, but it may mean additional recordkeeping on the part of those required to fill out the survey.
There is little question about if it’s coming back, but when, and what this means for federal contractors. This brings us back to our original question: what changes could the revised EO survey bring to federal contractors? Once revised the EO survey can become a very useful tool. OFCCP could likely throw out their current 16 factor algorithm that helps them pinpoint who and what location to audit. Meaning that if a federal contractor’s survey looks good, and audit can be avoided. Let’s just hope that this time, the average time to complete this entire process is consistent with what is stated and a suitable time frame will be provided.

Pat Shiu Speak On Federal News Radio About Pay Equity

2010-09-13T13:38:00.000-07:00

Shortly after the National ILG, Pat Shiu spoke on Federal News Radio about her concerns related to pay equity in the U.S.

Considering the many proposed changes coming from the Department of Labor related to pay equity analyses, the EO Survey and the 2006 compensation guidelines, we know that the Federal contractor community is anxious to know the future direction that OFCCP is taking. Please click on the link below to read what Ms. Shiu has to say in addition to a link to the recorded interview.

http://federalnewsradio.com/?sid=2026780&nid=15&_hw=ofccp

OFCCP Posts new Frequently Asked Questions (FAQ) for Executive Order 13496

2010-09-03T07:42:00.000-07:00

The OFCCP has added a new category under their Frequently Asked Questions section related to the new posting laws. See link and introduction below.

http://www.dol.gov/ofccp/regs/compliance/EO13496_faqs.pdf

EXECUTIVE ORDER 13496 FREQUENTLY ASKED QUESTIONS

I. General

What is Executive Order 13496?

Executive Order 13496 (EO 13496 or Order) was signed by President Obama on January 30, 2009. 74 FR 6407 (February 4, 2009). EO 13496 requires that Federal contractors provide notice to their employees of their rights under Federal labor laws.

Specifically, the Order requires that covered contractors provide notice of employee rights under the National Labor Relations Act (NLRA), the law that governs relations between unions and employers in the private sector. The NLRA guarantees the right of employees to organize and to bargain collectively with their employers, to engage in other protected concerted activity with or without a union, or to refrain from all such activity.

New Interim Rule: Executive Compensation

2010-09-01T15:25:00.000-07:00

On July 8, 2010, the Federal Government, the Civilian Agency Acquisition Council, and the Defense Acquisition Regulations Council published an interim rule [75 Fed. Reg. 37414-20] amending the Federal Acquisition Regulation to implement the Federal Funding Accountability and Transparency Act of 2006 (as amended by the Government Funding Transparency Act of 2008). The interim rule¹ requires many federal contractors and subcontractors to report and make publicly available the total compensation of their top five executives. The prime contractors are required to report executive compensation information for themselves as well as their first-tier subcontractors. It becomes the responsibility of the prime contractors to inform all first-tier subcontractors about the new executive compensation provisions and obtain the needed information to fulfill their reporting obligations.

To ease the compliance burden on agencies and contractors, the government is slowly phasing in the requirements relating to reporting provisions for subcontractors. The phase-in reporting will be made according to the specified dates below:

• From July 8, 2010 through September 30, 2010, any newly awarded subcontract must be reported if the prime contract award amount was $20 million or more.

• From October 1, 2010 until February 28, 2011, any newly awarded subcontract must be reported if the prime contract award amount was $550, 000 or more and

• Starting March 1, 2011, any newly awarded subcontract must be reported if the prime contract award amount was $25,000 or more.

New Data on Disabled in the Labor Force

2010-08-26T07:53:00.000-07:00

Today the Bureau of Labor Statistics (BLS) released a detailed overview on the employment of Persons with a Disability: Labor Force Characteristics, 2009. This is the first time the BLS has conducted extensive research on disabled persons in the US workforce. The information was gathered from a monthly survey of about 60,000 households that provided statistics on employment and unemployment in the United States. Below are some highlights of the study:

• For all age groups, the employment-population ratio was much lower for persons with a disability than for those with no disability

• The unemployment rate of persons with a disability was well above the rate of those with no disability

• Nearly one-third of workers with a disability were employed part time, compared with about one-fifth of those with no disability

Given these findings, US Secretary of Labor Hilda L. Solis is determined to increase the number of persons with disabilities into the US workforce. Her mission statement is sure to increase what is expected from federal contractors regarding outreach and accommodations for the disabled, “We will use this information to help increase service capacity and accessibility to workforce development systems including one-stop-career centers and ensure that people with disabilities have access to employment support, transportation, housing, and other support services. We will make sure that people who want to work can work.”

In related news, the OFCCP has been shifting more focus to the effectiveness of Action Oriented Programs, which is why it is crucial for federal contractors to be as proactive and involved as possible with their outreach programs. Below is a list of resource sites employers can use to help incorporate persons with disabilities into their workforce.

• http://www.business-disability.com/services.aspx
• http://askjan.org/cgi-win/TypeQuery.exe?902
• http://www.earnworks.com
• http://jobaccess.org/
• http://www.gettinghired.com/Employers.aspx

Click here to read the full BLS report http://www.bls.gov/news.release/disabl.nr0.htm

New BCG Book: Compensation Analysis: A Practitioner’s Guide to Identifying and Addressing Compensation Disparities

2010-08-25T13:11:00.000-07:00

August 2010 Press Release

Biddle Consulting Group has released a new book on compensation analysis written by the team that brought you "Adverse Impact and Test Validation, 2nd Ed., as a practical guide for HR professionals."

Federal enforcement of compensation equity laws and regulations is on the
rise. Biddle Consulting Group’s Compensation Analysis: A Practitioner’s Guide
to Identifying and Addressing Compensation Disparities was written for all
levels of HR Generalists, Compensation Analysts, Attorneys, and Consultants.
Focus is on providing the reader with practical, understandable guidance on
how to identify and address areas of potential legal exposure. If you want just
one resource on compensation disparities . . . this is the one!

To order your copy, contact Nancy Tipton at 1-916-294-4250 x175 or email at ntipton@biddle.com

OFCCP celebrating 45th Anniversary of the Executive Order 11246

2010-08-25T12:42:00.000-07:00

Posted by OFCCP on August 25th, 2010

Join the U. S. Department of Labor - OFCCP in celebrating its 45th Anniversary of the Executive Order 11246 on September 24, 2010, Friday, 8:30 a.m. – 12 p.m., in San Francisco (90 7th Street, Room B-040). RSVP by September 21, 2010, via email nelson.sarah@dol.gov or call Sarah Nelson at (415) 625-7822.

OFCCP Director Keynote Address Posted on OFCCP Homepage

2010-08-17T13:40:00.000-07:00

OFCCP has posted the Keynote speech that Patricia Shiu gave at the 2010 National ILG. Ms. Shiu set the tone for upcoming OFCCP activities related to audits, compensation, updating the regulations and more in 2010/2011. See the entire text here:

Director Shiu Delivers Keynote Address at NILG Conference

http://www.dol.gov/ofccp/Director_address_to_NILG_Aug042010.htm

National Indusry Liaison Group (NILG) Conference Summary and Discussion

2010-08-12T10:26:00.000-07:00

Join BCG Institute for Workforce Development for a panel discussion regarding the high points and important issues discussed at the 2010 National Industry Liaison Group (NILG) meeting in Las Vegas. Learn about possible changes to the OFCCP's Compensation Analysis Guidelines, EEO compliance standards and guidelines, and upcoming issues of importance to the EEO and federal contractor community.

Wed, Aug 18, 2010 1PM-2PM Eastern/10:00AM - 11:00AM Pacific Time

Register here:

https://www2.gotomeeting.com/register/531163811

NILG Notes - OFCCP Changing Direction Regarding Compensation Analysis Strategy

2010-08-09T10:29:00.001-07:00

OFCCP Update August 9, 2010.

Dr. Javaid Kaiser gave a presentation on "How should the Contractor Prepare When Compensation Disparity is Found at the Desk Audit Stage?" at the National ILG conference in Las Vegas last week and while BCG Institiute will be giving a more formal presentation on all the NILG news shortly, we wanted to get a few notes posted right away.

1. The OFCCP intends to rescind the current compensation analysis guidelines and release new guidelines in the near future. The OFCCP is considering a new strategy as the current standards are not producing results.

2. The "Red-Flag/Trigger Test" is also no longer being used. This was clear and it makes sense for many reasons that BCG will review in our NILG wrap-up webinars being scheduled now.

3. The concept of Similarly Situated Employee Groups "SSEGs" is still alive and well. It was clearly noted that "Similar does NOT mean equal" and a job group may be a SSEG if skills, responsibilities and job complexity are similar.

4. Employers should be looking for all of the variables that affect pay, not just the 12 Factors that OFCCP requests.

5. A few factors that may trigger a request for detailed compensation data are: large differences in pay, an employee complaint, missing data, inacurrate data, bad coding of data, and data that is unecessarily splintered.

6. Pay differences are being evaluated on a case-by-case basis. This is creating a lot of anxiety in the industry and there are specific reasons why the trigger test is not effective for identifying significant differences in compensation. In the Friday morning session, BCGi's Dr. Patrick Nooren discussed why people should not be dependent on tools such as a Trigger Analyses to identify potential pay issues. Be sure to attend our NILG wrap up and our repeat of the BCGi presentation to learn why.

OFCCP Seeking Public Comments to Review Section 503 of the Rehabilitation Act

2010-07-23T14:18:00.001-07:00

OFCCP releases link asking the public to provide input on upcoming review of the regulations associated with Section 503 of the Rehabilitation Act. See links posted on 7/23/2010.

From OFCCP:

The Office of Federal Contract Compliance Programs (OFCCP) is pleased to provide you with this direct link to the Advance Notice of Proposed Rulemaking (ANPRM) impacting Section 503 of the Rehabilitation Act of 1973 on regulations.gov at:

http://www.regulations.gov/search/Regs/home.html#documentDetail?R=0900006480b1fd5a.

As a reminder, you can find more information on this rulemaking process in our Frequently Asked Questions at http://www.dol.gov/ofccp/regs/compliance/sec503/sec503_frequently_asked_questions.htm.

OFCCP welcomes your participation and looks forward to your input.

OFCCP Provides Advance Notice of Proposed Rulemaking and Possible Changes to Section 503 of the Rehabilitation Act

2010-07-22T13:24:00.000-07:00

See OFCCP posting July 22, 2010:

The Office of Federal Contract Compliance Programs (OFCCP) is pleased to provide you with this notice of its upcoming publication -

Advance Notice of Proposed Rulemaking (ANPRM) impacting Section 503 of the Rehabilitation Act of 1973

We anticipate that the ANPRM will be published tomorrow, Friday, July 23, 2010, of which you may find a copy at www.regulations.gov or at http://www.dol.gov/ofccp/regs/compliance/sec503/Sec503_ANPRM.htm.

For more information on this rulemaking process, please click on the following Frequently Asked Questions link at http://www.dol.gov/ofccp/regs/compliance/sec503/sec503_frequently_asked_questions.htm. In addition, we are forwarding you a copy of the Press Release announcing our new ANPRM – http://www.dol.gov/opa/media/press/ofccp/ofccp20101015.htm.

OFCCP welcomes your participation and looks forward to your input!

Recent OFCCP Audit Focus: VEVRAA and JVA Compliance

2010-06-30T16:34:00.000-07:00

As the OFCCP continues to aggressively audit contractors on issues that were not as thoroughly investigated in the past, contractors must be aware of the current regulations to be prepared in the likely event an audit letter arrives on their desk. The Jobs for Veterans Act (JVA) and Vietnam Veterans’ Readjustment Act (VEVRAA) amendments in 2003 created a shift in focus from OFCCP, particularly related to job posting compliance. The JVA amendments made three significant changes to the Affirmative Action requirements of VEVRAA:

1. The threshold dollar amount for contracts raised from $25,00 to 100,000 for contractors that must be covered with an affirmative action plan
2. The list of covered veterans has been redefined from special disabled veterans, newly separated veterans, other protected veterans, and veterans of the Vietnam era to disabled veterans, recently separated veterans, other protected veterans, and Armed Forces service medal veterans.
3. The cut-off date for following the new regulations is December 1, 2003. Therefore, if a contractor had a contract with $25,000 or more before December 31, 2003 and one of $100,000 or more after December31, 2003 the contractor must comply with both.

With the new amendments and overhaul of regulations, auditors are no longer accepting a generic list of outreach programs to verify compliance. Contractors are now expected to prove to the OFCCP that they are making good faith efforts to place veterans into their workforce by showing detailed documentation of all programs being used to attract veterans. Furthermore, contractors are responsible for being able to determine which programs are working and which programs are not working in order to abandon any programs that don’t have an impact. The intent is to show focus on efforts that do demonstrate results. To stay proactive with their affirmative action plan with regards to veteran recruitment, contractors can use specific sites targeted towards reaching veterans:

The following links provide free job postings for employers aiming to attract veterans:
• http://www.hirepatriots.com
• http://www.hireheroesusa.org
• http://www.jobarsenal.com
• http://www.nvf.org
• http://www.militaryconnection.com

The following links provide resources such as career events and priced job postings for employers aiming to attract veterans:
• http://www.hirevetsfirst.dol.gov
• http://www.edd.ca.gov
• http://www.recruitmilitary.com
• http://www.military.com
• http://www.gijobs.com
• http://www.jobbankinfo.org
• http://www.usajobs.com
• http://www.militaryjobzome.com
• http://www.militarystars.com
• http://www.hireahero.com
• http://www.jobs.vetfriends.com

The Benefits of a Conducting an On-Site Mock Audit

2010-06-30T09:03:00.000-07:00

Why should a federal contractor consider an onsite mock audit? With the current OFCCP administration, we have seen compliance officers who conduct onsite audits regardless of whether potential problem indicators exist or not (in fact, Active Case Management is no longer being practiced by the OFCCP). In several audits and separate local ILG meetings, OFCCP representatives had also stated that on-site audits are now part of OFCCP’s standard practice. So, how can an employer get better prepared for the inevitable on-site visit from a compliance officer in case of an audit? Let’s evaluate the benefits of conducting an “onsite mock audit”.

An on-site mock audit is a dry-run of the actual OFCCP on-site visit (of course, without the presence of the OFCCP Compliance Officer). In an on-site mock audit, employers need to anticipate the scenarios and questions that they think might occur during the actual on-site audit.

Following are some common scenarios during an on-site audit. Each scenario is followed by reason(s) why conducting mock audit prior to the OFCCP’s actual visit date will prove beneficial:

1. The compliance officer will tour the facility – the mock audit can reveal potential deficiencies in, but not limited to, the following areas:
o Required posters are not posted in conspicuous places (e.g., common areas)
o Areas that are not accessible to employees/applicants with mobility impairments
o Unpleasant and/or hazardous work conditions
o Employees not exercising safety measures set forth by the organization

2. The compliance officer will hold formal and informal interviews with employees and HR Managers – the mock audit can reveal deficiencies in, but not limited to, the following areas:
o Some employees are not aware of the employer’s sexual harassment policies
o Some employees are not aware of the measures set by the organization to ensure safety while performing the necessary work
o Employees and managers are not aware of the terms EEO or AA
o Managers are not aware of the affirmative action programs

3. The compliance officer will review personnel data and supporting documentation with regards to some personnel decisions - the mock audit can reveal deficiencies in, but not limited to, the following areas:
o Lack of or insufficient data (e.g., are all the hires in the applicant file, record-retention obligations, etc.)
o Lack of or insufficient documentation to support personnel decisions
o Lack of proper documentation (or disposition) on who were considered as applicants
o List of employees who self identified as veterans or with disability

4. The compliance officer will review outreach programs - the mock audit can reveal deficiencies in, but not limited to, the following areas:
o Lack of proper documentation on the outreach programs (who or which organization were contacted? What are the results of such programs? etc.)
o Did the outreach programs prove to be effective?

These are just some of the things that can help an organization be prepared for that “on-site day.” Being well prepared for the on-site can minimize any anxieties that the executives, managers, supervisors, and employees may have regarding the visit. A mock audit can also foster confidence which should minimize inconsistent responses to the compliance officer and hopefully, result in a less “painful” visit.