OFCCP Town Hall Meeting, February 16, 2010

Biddle Consulting Group attended the OFCCP’s Town Hall Meeting in San Francisco on February 16, 2010. The meeting was very similar to the webcasts held previously where the focus was not on a fixed presentation but rather on an open dialogue with the public. The meeting began with Bill Smitherman, Regional Director (Pacific Region), offering a flattering introduction to the new Director of the OFCCP, Patricia Shiu. The meeting was also attended by Sandra Dillon, National Director of Policy, as well as an attorney from the solicitor’s office.

The purpose of the meeting was to engage the public in dialogue regarding Section 503 of the Rehabilitation Act. Once the meeting was opened up to the floor there was significant discussion about the obstacles that employers face regarding recruitment of people with disabilities as well as the difficulties associated with soliciting information on accommodations. Several attendees articulated that the loss of America’s Job Bank has made life more difficult for Federal contractors to comply with the requirement to post open jobs with state and local employment agencies. Other attendees spoke up and suggested that the intention of eliminating America’s Job Bank was not only due to budget constraints but also to allow state agencies to evolve so the national board was not necessary.

Ms. Shiu and her team were very engaged in the dialogue and asked many questions based on the attendees concerns. It was made clear that the new leadership is using Town Hall Meetings and webcasts to gather input on what works and what doesn’t from the public perspective.

In conclusion, it was clear that Ms. Shiu has a plan in mind and that this administration has a very different agenda than the previous. The new OFCCP is certainly interested in the most egregious systemic offenders, but is also interested in returning to the days of enforcing classical affirmative action principles and all of its associated rules/regulations (and not just adverse impact). This focus suggests a reduction in the use of Active Case Management and an increase in the full desk audit methods of the past.

Ms. Shiu articulated to the attendees that “It is a new day at the Department of Labor and OFCCP.” Based upon the audits we have seen lately, we couldn’t agree more.