Veterans Hiring Toolkit

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

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

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

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

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

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

OFCCP Survey Confirms Aggressive Focus on Disability Accomodation

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

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

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

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

Highlights of OFCCP Live Webchat on January 7th

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

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

Highlights:

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



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



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



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



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



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



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



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



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



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



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



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


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


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


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

OFCCP Publishes Proposed Rescission of Compensation Guildeines

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

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

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

DEPARTMENT OF LABOR

Office of Federal Contract Compliance Programs

41 CFR Parts 60-1 and 60-2

RIN 1250-ZA00


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

AGENCY: Office of Federal Contract Compliance Programs, Labor.

ACTION: Notice of proposed rescission.

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

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

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

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

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

OFCCP to Host Employment Conference in Northern California

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

Attention Federal Contractors!

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

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

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

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

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

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


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