Thursday, March 17, 2011

New OFCCP Compensation Trigger Test Discussed at Multiple Industry Liaison Groups

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

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

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

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

Tuesday, March 15, 2011

Increasing Employment of People with Disabilities in Federal Agencies

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

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

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

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

New Orleans hosts the ILG National Conference

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

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

Check out the NILG agenda and register online at:

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

Tuesday, March 1, 2011

OFCCP Posts Latest Settlement For Alleged Hiring Discrimination

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

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

News Release

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

151 minority job applicants to share $700,000 settlement

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