OFCCP Sends Corporate Scheduling Announcement Letter (CSAL)

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

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

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

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

Three (3) more changes to the ACS 2006-2010 Special EEO File crosswalk table were recently received in an e-mail from the EEOC. The three changes were in the assignment of Census/SOC occupations into the EEO-1 (9) and EEO (14) categories.

The final version is due to be released in December 2012.

DOL Pressing for More Employment Opportunities for Individuals with Disabilities

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

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

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

In the third Census 2010 update we received, it is said 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.

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

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

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?

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

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?

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

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

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

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

1. 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.
   
   
2. 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.
   
   
3. 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.
   
   
4. 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

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

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

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.

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

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

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

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

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:

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


1. 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;
2. 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
3. provide guidance to agencies concerning formulation of agency-specific Diversity and Inclusion Strategic Plans prepared pursuant to section 3(b) of this order;




3. 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
4. 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

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

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

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

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

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

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

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

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

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

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

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

Six hiring tips straight from the EEOC:

1. 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.



2. 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.



3. 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.



4. 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.



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



6. 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

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

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

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:

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


2. 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