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 Zeigler clarified that the desk audit letters mailed in June out of the Chicago region that were rescinded were pulled because they were not supposed to be mailed all at once.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