To BCG Blog community:
In the most recent OFCCP listening session, a caller presented a question to the OFCCP about the seemingly lengthy duration of audits. While OFCCP did not commit to anything in regards to changing how they run their desk audits, the concern from the contractor was one that was shared by many in the EEO community. The caller made several good points regarding the lack of information available regarding the status of open audits. Some of the concerns stated (and not stated) are:
[*]Audits frequently last as long as six months and even more in some cases years
[*]Oftentimes the contractor has no idea if/when they may receive a call from OFCCP regarding their audit. It is not uncommon for six months or a year to go buy with no contact at all
[*]Contractors are hesitant to call and ask about the status of an audit for fear of "opening a can of worms"
[*]Audits that stay open for a long period of time can often allow OFCCP to request updated data or even a new plan if enough time has passed. This does not seem fair to the contractor
[*]At times contractors do call OFCCP only to learn that their audit has been passed to another OFCCP office without notice
[*]Sometimes audits are closed without notice being given to the contractor, and the contractor learns of the closure through the Pre-Award list
The caller suggested that it would seem reasonable for the OFCCP to provide an administrative closure to an audit that is open for an extended period of time without any communication from OFCCP. There was also some discussion about how it would be useful if OFCCP had more detailed protocols surrounding how audits are handled.
It should be noted that OFCCP can provide plenty of reasons why audits stay open and why they have to ask a lot of questions because it is common for contractors to struggle to respond to detailed questions about their data and OFCCP often has to wait for data to be resubmitted and therefore reviewed in detail. However, I view this as a separate issue than desk audits where audit status is unknown for long periods of time.
Regardless, it seems reasonable that contractors should want to close a desk audit as soon as possible. In today's business world, EEO professionals and HR staff have many duties to carry out, and when OFCCP extends audit activity, it can be a significant strain on a contractor's resources.
BCG would very much like to hear more from the contractor community about their experiences with extended audits and about the level of interest there is in pushing for more transparency/accountability from OFCCP. We have posted this discussion in the BCGi Forum under EEO Regulations. If you have not joined the Forum community please go to this free site and select Register in the uppoer right portion of the screen. If you need any help please e-mail staff@biddle.com for assistance.
www.bcginstitute.org/forums
Chris Lindholm
Director
Biddle Consulting Group
Monday, January 25, 2010
Tuesday, January 19, 2010
New Training Classes Offered by Biddle Consulting Group
New training classes offered by Biddle Consulting Group.
The Biddle Consulting Group will be presenting a three-part, live
webinar series on the basics of Affirmative Action Planning, also known
as AAP 101 with the last session being dedicated to the use of AutoAAP.
The class is designed for the beginner or for the trained professional
who needs a refresher covering the basic requirements for being
compliant with Executive Order 11246, as amended; Section 503 of the
Rehabilitation Act of 1973, as amended; and the Vietnam Veterans'
Readjustment Assistance Act of 1974, as amended, 38 U.S.C. 4212.
The training presentation will be held in three sessions. Part I and II
will focus on AAP methodology and Part III will focus solely on
utilizing AutoAAP to create Affirmative Action Plans. Each web session
will run for two hours. The fee is $149 covering all three sessions, or
$99 for the first two sessions (excluding Part III). Each session will
begin at 11am PST/2pm EST. The dates for the training will be January 28
(Part I), February 4th (Part II) and February 11, 2010 (Part III).
If you are interested in signing up for these courses, please contact
Nancy Tipton at ntipton@biddle.com or 1-916-294-4250 x175.
The Biddle Consulting Group will be presenting a three-part, live
webinar series on the basics of Affirmative Action Planning, also known
as AAP 101 with the last session being dedicated to the use of AutoAAP.
The class is designed for the beginner or for the trained professional
who needs a refresher covering the basic requirements for being
compliant with Executive Order 11246, as amended; Section 503 of the
Rehabilitation Act of 1973, as amended; and the Vietnam Veterans'
Readjustment Assistance Act of 1974, as amended, 38 U.S.C. 4212.
The training presentation will be held in three sessions. Part I and II
will focus on AAP methodology and Part III will focus solely on
utilizing AutoAAP to create Affirmative Action Plans. Each web session
will run for two hours. The fee is $149 covering all three sessions, or
$99 for the first two sessions (excluding Part III). Each session will
begin at 11am PST/2pm EST. The dates for the training will be January 28
(Part I), February 4th (Part II) and February 11, 2010 (Part III).
If you are interested in signing up for these courses, please contact
Nancy Tipton at ntipton@biddle.com or 1-916-294-4250 x175.
New EEOC Report on Charges in 2009
The OFCCP and EEOC are reaching new heights in dollars collected under discrimination and job bias claims. See below for the EEOC 2009 report.
From www.eeoc.gov
Job Bias Charges Approach Record High in Fiscal Year 2009, EEOC Reports
Commission Obtains $376 Million for Victims of Discrimination
WASHINGTON – The U.S. Equal Employment Opportunity Commission (EEOC) today announced that 93,277 workplace discrimination charges were filed with the federal agency nationwide during Fiscal Year (FY) 2009, the second highest level ever, and monetary relief obtained for victims totaled over $376 million. The comprehensive enforcement and litigation statistics for FY 2009, which ended Sept. 30, 2009, are posted on the agency’s web site:
http://www.eeoc.gov/eeoc/statistics/enforcement/index.cfm.
From www.eeoc.gov
Job Bias Charges Approach Record High in Fiscal Year 2009, EEOC Reports
Commission Obtains $376 Million for Victims of Discrimination
WASHINGTON – The U.S. Equal Employment Opportunity Commission (EEOC) today announced that 93,277 workplace discrimination charges were filed with the federal agency nationwide during Fiscal Year (FY) 2009, the second highest level ever, and monetary relief obtained for victims totaled over $376 million. The comprehensive enforcement and litigation statistics for FY 2009, which ended Sept. 30, 2009, are posted on the agency’s web site:
http://www.eeoc.gov/eeoc/statistics/enforcement/index.cfm.
Monday, January 11, 2010
Don't Miss out on Important Articles Published in BCG Newsletter
Biddle Consulting Group recently posted our December 2009 newsletter. For those of you not already receiving the newsletter please go to the site listed below for detailed articles on:
1. Dispositioning Your Applicants
2. Calculating Availability the Right Way
3. Hearing the Oral Arguments in Ricci v. DeStefano
4. A Closer Look at Multiple Regression Analysis
and much more....
http://www.biddle.com/newsletters.stm
1. Dispositioning Your Applicants
2. Calculating Availability the Right Way
3. Hearing the Oral Arguments in Ricci v. DeStefano
4. A Closer Look at Multiple Regression Analysis
and much more....
http://www.biddle.com/newsletters.stm
OFCCP to provide details on proposed regulatory changes
To Blog readers,
The OFCCP recently sent out an invitation to the public regarding a series of web-listening sessions that new OFCCP Director Patricia Shiu will be conducting. Ms. Shiu will be providing details regarding the OFCCP's proposals to update three government regulations. See details below on signing up for the sessions.
Note that Biddle Consulting Group will be listening in and providing insight in our blog.
OFCCP WEB LISTENING SERIES:
On Monday, December 7, 2009, the Department of Labor issued its Semiannual Regulatory Agenda, announcing the Department’s anticipated regulatory activities and priorities for the upcoming year. Included in the Department’s Agenda are three regulatory activities from the Office of Federal Contract Compliance Programs (OFCCP).
OFCCP’s mission is to enforce three equal employment opportunity laws: Executive Order 11246, as amended (EO); Section 503 of the Rehabilitation Act of 1973, as amended (503); and the Vietnam Era Veterans’ Readjustment Assistance Act of 1974, as amended, 38 U.S.C. 4212 (VEVRAA). These laws prohibit federal contractors and subcontractors from discriminating on the bases of race, color, religion, sex, national origin, disability, and veteran status. They also require affirmative action in employment by federal contractors and subcontractors. OFCCP accomplishes its mission by conducting compliance evaluations, investigating complaints filed, and hosting compliance assistance events for federal contractors and subcontractors.
In late 2010 and early 2011, OFCCP plans to publish a series of proposals that will seek to enhance the agency’s existing regulations and improve compliance with the laws that OFCCP enforces. To help inform the development of these proposals, OFCCP is seeking input from stakeholders.
Please join OFCCP Director Patricia A. Shiu, as she hosts a series of one-hour Web Listening Sessions that:
• Highlight OFCCP’s anticipated regulatory activities;
• Offer a critical opportunity for stakeholders to provide suggestions and recommendations to OFCCP;
• Provide information on how stakeholders can participate in the official rulemaking process.
Register for the listening session you’re interested in by clicking the applicable date below. Register early, as space is limited!
Tue, Jan 12, 2010 2:00 PM - 3:00 PM EST - - Affirmative Action & Nondiscrimination Obligations of Contractors and Subcontractors; Evaluation of Recruitment and Placement Results under Section 503 of the Rehabilitation Act. This regulation protects individuals with disabilities from employment discrimination by federal contractors and subcontractors. Projected Publication date for Advance Notice of Proposed Rulemaking (ANPRM): 12/2010
For the audio portion of this listening session, please call 800-369-1722, (outside United States call 517-308-9423). This passcode will be required to join the call: 6341500. (Restrictions may exist when using a mobile telephone.) To submit comments, suggestions, or feedback please email: OFCCP-Regulatory-Agenda-503@dol.gov
Thu, Jan 14, 2010 2:00 PM - 3:00 PM EST - - Affirmative Action & Nondiscrimination Obligations of Contractors and Subcontractors; Evaluation of Recruitment and Placement Results under the Vietnam Era Veterans’ Readjustment Assistance Act (VEVRAA). Under VEVRAA, federal contractors and subcontractors are prohibited from discrimination on the basis of veteran status. Projected Publication date for Notice of Proposed Rulemaking (NPRM): 12/2010
For the audio portion of this listening session, please call 800-369-1722, (outside United States call 517-308-9423). This passcode will be required to join the call: 6341500. (Restrictions may exist when using a mobile telephone.) To submit comments, suggestions, or feedback please email: OFCCP-Regulatory-Agenda-VEVRAA@dol.gov
Wed, Jan 20, 2010 2:00 PM - 3:00 PM EST - - Construction Contractor Affirmative Action Requirements. OFCCP regulations at 41 CFR Part 60-4, require Federal and federally assisted construction contractors to provide equal opportunity in all construction trades. Projected Publication date for Notice of Proposed Rulemaking (NPRM): 1/2011
For the audio portion of this listening session, please call 800-369-1722, (outside United States call 517-308-9423). This passcode will be required to join the call: 6341500. (Restrictions may exist when using a mobile telephone.) To submit comments, suggestions, or feedback please email: OFCCP-Regulatory-Agenda-EO-Construction@dol.gov
OFCCP values stakeholders’ engagement in the rulemaking process and encourages all interested parties to provide suggestions and feedback on the current regulations. Please note however, that these sessions will take place prior to the publication of any official proposals, and will not be considered regulatory comments. For this reason, OFCCP will not be making a presentation with respect to the planned content of any of the forthcoming regulatory proposals and will be unable to answer specific questions regarding the planned content. These listening sessions are intended to be just one of many steps that OFCCP will take as it begins the process of developing the proposals. OFCCP has allotted 45 minutes for suggestions and feedback and each caller that wishes to make a statement will be provided with two minutes to present until the available time is exhausted.
The OFCCP recently sent out an invitation to the public regarding a series of web-listening sessions that new OFCCP Director Patricia Shiu will be conducting. Ms. Shiu will be providing details regarding the OFCCP's proposals to update three government regulations. See details below on signing up for the sessions.
Note that Biddle Consulting Group will be listening in and providing insight in our blog.
OFCCP WEB LISTENING SERIES:
On Monday, December 7, 2009, the Department of Labor issued its Semiannual Regulatory Agenda, announcing the Department’s anticipated regulatory activities and priorities for the upcoming year. Included in the Department’s Agenda are three regulatory activities from the Office of Federal Contract Compliance Programs (OFCCP).
OFCCP’s mission is to enforce three equal employment opportunity laws: Executive Order 11246, as amended (EO); Section 503 of the Rehabilitation Act of 1973, as amended (503); and the Vietnam Era Veterans’ Readjustment Assistance Act of 1974, as amended, 38 U.S.C. 4212 (VEVRAA). These laws prohibit federal contractors and subcontractors from discriminating on the bases of race, color, religion, sex, national origin, disability, and veteran status. They also require affirmative action in employment by federal contractors and subcontractors. OFCCP accomplishes its mission by conducting compliance evaluations, investigating complaints filed, and hosting compliance assistance events for federal contractors and subcontractors.
In late 2010 and early 2011, OFCCP plans to publish a series of proposals that will seek to enhance the agency’s existing regulations and improve compliance with the laws that OFCCP enforces. To help inform the development of these proposals, OFCCP is seeking input from stakeholders.
Please join OFCCP Director Patricia A. Shiu, as she hosts a series of one-hour Web Listening Sessions that:
• Highlight OFCCP’s anticipated regulatory activities;
• Offer a critical opportunity for stakeholders to provide suggestions and recommendations to OFCCP;
• Provide information on how stakeholders can participate in the official rulemaking process.
Register for the listening session you’re interested in by clicking the applicable date below. Register early, as space is limited!
Tue, Jan 12, 2010 2:00 PM - 3:00 PM EST - - Affirmative Action & Nondiscrimination Obligations of Contractors and Subcontractors; Evaluation of Recruitment and Placement Results under Section 503 of the Rehabilitation Act. This regulation protects individuals with disabilities from employment discrimination by federal contractors and subcontractors. Projected Publication date for Advance Notice of Proposed Rulemaking (ANPRM): 12/2010
For the audio portion of this listening session, please call 800-369-1722, (outside United States call 517-308-9423). This passcode will be required to join the call: 6341500. (Restrictions may exist when using a mobile telephone.) To submit comments, suggestions, or feedback please email: OFCCP-Regulatory-Agenda-503@dol.gov
Thu, Jan 14, 2010 2:00 PM - 3:00 PM EST - - Affirmative Action & Nondiscrimination Obligations of Contractors and Subcontractors; Evaluation of Recruitment and Placement Results under the Vietnam Era Veterans’ Readjustment Assistance Act (VEVRAA). Under VEVRAA, federal contractors and subcontractors are prohibited from discrimination on the basis of veteran status. Projected Publication date for Notice of Proposed Rulemaking (NPRM): 12/2010
For the audio portion of this listening session, please call 800-369-1722, (outside United States call 517-308-9423). This passcode will be required to join the call: 6341500. (Restrictions may exist when using a mobile telephone.) To submit comments, suggestions, or feedback please email: OFCCP-Regulatory-Agenda-VEVRAA@dol.gov
Wed, Jan 20, 2010 2:00 PM - 3:00 PM EST - - Construction Contractor Affirmative Action Requirements. OFCCP regulations at 41 CFR Part 60-4, require Federal and federally assisted construction contractors to provide equal opportunity in all construction trades. Projected Publication date for Notice of Proposed Rulemaking (NPRM): 1/2011
For the audio portion of this listening session, please call 800-369-1722, (outside United States call 517-308-9423). This passcode will be required to join the call: 6341500. (Restrictions may exist when using a mobile telephone.) To submit comments, suggestions, or feedback please email: OFCCP-Regulatory-Agenda-EO-Construction@dol.gov
OFCCP values stakeholders’ engagement in the rulemaking process and encourages all interested parties to provide suggestions and feedback on the current regulations. Please note however, that these sessions will take place prior to the publication of any official proposals, and will not be considered regulatory comments. For this reason, OFCCP will not be making a presentation with respect to the planned content of any of the forthcoming regulatory proposals and will be unable to answer specific questions regarding the planned content. These listening sessions are intended to be just one of many steps that OFCCP will take as it begins the process of developing the proposals. OFCCP has allotted 45 minutes for suggestions and feedback and each caller that wishes to make a statement will be provided with two minutes to present until the available time is exhausted.
Thursday, January 7, 2010
Error in OFCCP Scheduling Letter (CSAL)
The OFCCP posted the following on their website December 7, 2009:
Office of Federal Contract Compliance Programs (OFCCP)
Notice regarding CSAL:
Due to a formatting error, the recently issued CSAL letters erroneously included the corporate headquarters in its attachment listing the “Establishments Identified for Potential Scheduling.” OFCCP apologizes for this error.
Click here for the OFCCP web-page:
http://www.dol.gov/ofccp/regs/compliance/notice_CSAL.htm
Office of Federal Contract Compliance Programs (OFCCP)
Notice regarding CSAL:
Due to a formatting error, the recently issued CSAL letters erroneously included the corporate headquarters in its attachment listing the “Establishments Identified for Potential Scheduling.” OFCCP apologizes for this error.
Click here for the OFCCP web-page:
http://www.dol.gov/ofccp/regs/compliance/notice_CSAL.htm
Script from Q&A with Patricia Shiu
On December 8, 2009 Patricia Shiu, the new Director of the OFCCP, provided answers to questions submitted by the public regarding her immediate plans for the OFCCP. Ms. Shiu was very clear about the OFCCP's priorities in 2010.
See the entire script here:
http://www.dol.gov/regulations/chat-ofccp-static.htm
While much of the discussion was around the OFCCPs current role, there were a few specific items that really got the attention of the readers. "OFCCP (Office of Federal Contract Compliance Programs) is working on three new regulatory efforts designed to increase the income of low wage workers and narrow income inequality." The first was a plan to update the regulations for construction contractors, the second was to increase employment opportunity for veterans protected by VEVRAA and the third is enhance the regulations for Section 503 for persons with disabilities.
One area that would have a tremendous impact on contractors is the concept of creating goals for veterans and persons with disabilities. "The OFCCP will be researching existing data on the availability of qualified individuals with disabilities and protected veterans, as well as seeking input from stakeholders on the types of statistical data that might be used to develop numerical goals." Collecting and analyzing data for placement goals associated with two additional categories is sure to spark a heated debate in the EEO industry.
Stay tuned.
See the entire script here:
http://www.dol.gov/regulations/chat-ofccp-static.htm
While much of the discussion was around the OFCCPs current role, there were a few specific items that really got the attention of the readers. "OFCCP (Office of Federal Contract Compliance Programs) is working on three new regulatory efforts designed to increase the income of low wage workers and narrow income inequality." The first was a plan to update the regulations for construction contractors, the second was to increase employment opportunity for veterans protected by VEVRAA and the third is enhance the regulations for Section 503 for persons with disabilities.
One area that would have a tremendous impact on contractors is the concept of creating goals for veterans and persons with disabilities. "The OFCCP will be researching existing data on the availability of qualified individuals with disabilities and protected veterans, as well as seeking input from stakeholders on the types of statistical data that might be used to develop numerical goals." Collecting and analyzing data for placement goals associated with two additional categories is sure to spark a heated debate in the EEO industry.
Stay tuned.
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