Thursday, September 29, 2011

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:

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.

Tuesday, September 20, 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.

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.

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.”

Friday, September 16, 2011

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 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:
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)

Thursday, September 1, 2011

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.

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

Solis v. Leprino Foods Co.