Wednesday, April 27, 2011

OFCCP Posts Frequently Asked Questions for Proposed VEVRAA Changes

The OFCCP quickly posted a series of questions and answers to the Notice of Proposed Rulemaking for the VEVRAA regulations. The Q&A links always provide valuable insight into the OFCCPs expectations and we highly recommend that contractors read them.

The link is here:

Tuesday, April 26, 2011

Notice of Proposed Rulemaking for VEVRAA Posted in Federal Register

Posted by OFCCP on 4/26/2011.

Readers can access the posting within the Federal Register by selecting the link below and searching for 1250-AA00.

"OFCCP Publishes Proposed VEVRAA Regulation Revisions to Strengthen
Employment Protections for Veterans

Increasing numbers of veterans are returning from duty in Iraq, Afghanistan and other places around the world only to face substantial obstacles in finding employment.

Today, in the spirit of ensuring that all Americans have equal access to good jobs and that America’s workplaces are equitable, the Office of Federal Contract Compliance Programs (OFCCP) published a Notice of Proposed Rulemaking (NPRM). The NPRM recommends revisions that strengthen Federal regulations implementing the Vietnam Era Veterans’ Readjustment Assistance Act of 1974 (Section 4212), as amended, commonly referred to as VEVRAA.

OFCCP proposes several changes to the requirement that employers doing business with the Federal government engage in specific types of outreach and recruitment that target veterans. One proposal requires Federal contractors to evaluate annually the effectiveness of their efforts to ensure that protected veterans have access to employment opportunities. The NPRM also proposes requiring Federal contractors to establish and maintain quantitative data on the number of protected veterans they learn about through job referrals, the number of protected veterans applying for jobs, and the number of protected veterans they hire. OFCCP’s proposal also requires contractors to establish annual hiring benchmarks based on availability data and other relevant information. These benchmarks will enable contractors to measure their success in recruiting, employing, and retaining protected veterans.

Another proposal addresses self-identification. In light of the difficulty identifying a veteran protected by Section 4212, the NPRM suggests requiring Federal contractors to invite veterans to self-identify both pre-and post-offer of employment.

You can submit comments on OFCCP’s NPRM either electronically at or by mail. The identification number (RIN) for this NPRM is 1250-AA00. If you are mailing or hand delivering comments, send them to Debra Carr, Director, Division of Policy, Planning, and Program Development, Office of Federal Contract Compliance Programs, Room C-3325, 200 Constitution Avenue, N.W., Washington D.C. 20210. Indicate RIN number 1250-AA00."

Monday, April 25, 2011

OFCCP Press Release Regarding Update to VEVRAA

The OFCCP posted a Press Release today stating that the proposed changes to the Vietnam Era Veterans' Readjustment Assistance Act of 1974 (VEVRAA) will go to press in the Federal Register on April 26th and the public comment period will run until June 25th 2011.

The proposed changes would significantly affect the Affirmative Action Planning program for employers. For example:

1. Requiring contractors to establish hiring benchmarks to assist in measuring the effectiveness of their affirmative action efforts

2. Increasing record keeping requirements on job referrals, applicants and hires

3. require that all applicants be invited to self-identify as a "protected veteran" before they are offered a job

Full OFCCP Press Release can be found here:

News Release

OFCCP News Release: [04/25/2011]
Contact Name: Michael Volpe or Gloria Della
Phone Number: (202) 693-3984 or x8666
Release Number: 11-0567-NAT
US Labor Department proposes rule to improve employment of protected veterans

WASHINGTON — The U.S. Department of Labor's Office of Federal Contract Compliance Programs today announced a proposed rule to strengthen affirmative action requirements of federal contractors and subcontractors for veterans protected under the Vietnam Era Veterans' Readjustment Assistance Act of 1974. Veterans protected by VEVRAA include those with disabilities and those recently discharged as well as those who served during a war, campaign or expedition for which a campaign badge is authorized. The proposed rule will be published in the April 26 edition of the Federal Register.

"At the Labor Department, we support veterans as they seek meaningful ways to apply their talents to expand the American economy. By re-examining our affirmative action requirements, we will ensure that our nation's veterans are protected against discrimination and provided equal opportunity in the workforce," said OFCCP Director Patricia A. Shiu.

The award of a federal contract comes with a number of responsibilities. Among them are complying with non-discrimination and affirmative action provisions, engaging in meaningful and effective efforts to recruit and employ veterans protected under VEVRAA, and maintaining accurate records on affirmative action efforts. Failure to abide by these responsibilities may result in various sanctions, from withholding progress payments to termination of existing contracts and debarment from receiving future ones.

The framework articulating a contractor's responsibilities with respect to affirmative action, recruitment and placement has remained unchanged since 1976. Increasing numbers of veterans are returning from tours of duty, and many are faced with substantial obstacles in finding employment upon leaving the service.

The proposed rule clarifies mandatory job listing requirements, under which a contractor must provide job vacancy and contact information for each of its locations to an appropriate employment service delivery system. The rule proposes requiring contractors to engage in at least three specified types of outreach and recruitment efforts each year. In addition, the proposed rule would require that all applicants be invited to self-identify as a "protected veteran" before they are offered a job. Increasing data collection on job referrals, applicants and hires, and requiring contractors to establish hiring benchmarks to assist in measuring the effectiveness of their affirmative action efforts also are proposed.

Comments on the notice of proposed rulemaking must be submitted by June 25. Visit the federal e-rulemaking portal,, to submit comments.

In addition to VEVRAA, OFCCP's legal authority exists under Executive Order 11246 and Section 503 of the Rehabilitation Act of 1973. 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 gender, 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

Friday, April 22, 2011

Latest Update Re: 2010 EEO Census File

The Census Bureau has provided another update regarding the publication of the 2010 EEO census file. See details below:

Subject: Fourth Informal Update on Status of Census 2010 Special EEO File

The data for attached Table 1 was based on the 2000 Census Redistricting Data (pursuant to Public Law 94-171) and was used as a model for the construction of the 2000 Special EEO File.

The data for attached Table 2 can be found through the American Fact Finder (AFF) section ( on the 2010 Census Redistricting (PL 94-171) Data. More specifically, the data for the 2010 table is in Tables P3 and P4 (

That is:

Universe: Total population 18 years and over
2010 Census Redistricting Data (Public Law 94-171) Summary File

Universe: Total population 18 years and over
2010 Census Redistricting Data (Public Law 94-171) Summary File

Although this data is being sent so that you can have a glimpse of what might be coming later, there are a few interesting points that can be seen in the data.

For example, each of the single and two-or-more race categories for non-Hispanics increased, except for Whites and Balance of Two or More Races – although some of these increases were extremely small. The non-Hispanic White total was down (from 71.98 to 66.98) and the over White total was down (from 77.40 to 74.67).

Also, the Hispanic total was up (from 10.98 to 14.22) and, conversely, the non-Hispanic totals were down (from 89.02 to 85.78).

There are many other interesting facts that can be found in these comparisons but these tables are being sent to you to find what you think is interesting. Also, doing a similar comparison with the tables for those under 18 would be interesting but, as these tables are related to the workforce, those tables have not been constructed.

Another interesting and important point that was taken from this exercise was that the data needed for the EEO community is certainly available from AFF. However, as seen by the need to use both Tables P3 and P4 to generate the attached 2010 table, as well as a need to delete, rearrange, aggregate and disaggregate the data in the AFF tables, Census should probably not rely on standard AFF tables and searches for the next EEO Data Tool - especially given the wide range of needs and levels of sophistication of EEO data users.

Joe Donovan

Thursday, April 21, 2011

Bay Area Affirmative Action Conference on Employment

The OFCCP has sent out a flier advertising a conference intended to introduce federal contractors to Bay Area agencies who provide placement services to individuals with disabilities.

9:0 a.m. - 1:0 p.m.
Center for Independent Living
Ed Roberts Campus
3075 Adeline Street, Suite 100
Berkeley, CA 94703

The U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) cordially invites you to a Conference on Employment, co-organized by the Center for Independent Living and Lions Center for the Blind, and to take place on Tuesday, May 17, 2011.

Section 503 of the Rehabilitation Act of 1973, reasonable accommodation, recruitment resources and employment services, compliance assistance, adaptive technology, and tax benefits.

Who Should Come:
Federal contractors, community-based organizations, and individuals with disabilities are encouraged to attend this conference to learn about equal opportunity in employment and affirmative action requirements, and the services available to help recruit, select and retain qualified individuals with disabilities.
Community-based organizations and Department of Rehabilitation representatives will be available to answer questions.

Registration will begin at 8:15 a.m. on Tuesday, May 17, 2011.
Refreshments and light lunch will be provided.
Please RSVP by Wednesday, May 4, 2011.
Send your name, title, organization, phone number and email address to,or call (415) 625-7830 for more information.

Tuesday, April 12, 2011

BCG Staff Raising Funds to Fight Cancer

Chris Lindholm, our EEO Director, is always up for a challenge. He is now training with the Leukemia & Lymphoma Society’s Team In Training to complete a 100 mile bike ride and raise funds to battle cancer. See link below to the new BCG in the community page with a link to the donation page. Every little bit counts!

"I’m training to participate in an endurance event as a member of the Leukemia & Lymphoma Society’s (LLS) Team In Training. As a family member to several special people who have suffered or were lost to cancer, it was an easy decision to accept this opportunity to both challenge myself and raise funds for fighting this terrible disease. Even though I am new to cycling, I will be training for 4 months to ride in “America’s Most Beautiful Bike Ride” – a 100 mile ride around Lake Tahoe – and raising over $2,300 to fight cancer. All of us on Team In Training are raising funds to help stop leukemia, lymphoma, Hodgkin lymphoma and myeloma from taking more lives. I am completing this event in honor of all individuals who are battling blood cancers. These people are the real heroes on our team, and we need your support to cross the ultimate finish line – a cure!"