Wednesday, November 30, 2011

US Labor Department Files Complaint Against Cargill Meat Solutions for Discrimination at Springdale, Ark., Facility

In what is (potentially) one of the larger enforcement initiatives for 2011, the OFCCP has filed a complaint with the Office of Administrative Law Judges (ALJ) alleging hiring discrimination against over 4,000 applicants for entry-level production jobs at Cargill Meat Solutions’ Springdale, Arkansas facility. The Agency is seeking job offers and “make-whole relief” (i.e., back-pay, benefits, interest) for at least 167 “affected class members.” Filing with the ALJ is the next step in enforcement proceedings when attempts at a conciliation agreement are unsuccessful.

To those of you familiar with the OFCCP’s enforcement strategies, this should come as no surprise. With all the discussions around compensation, veterans outreach/recruitment, and postings, the Agency’s bread-and-butter is still centered firmly on investigating adverse impact in the hiring process. Stay tuned for additional information as the ALJ proceedings unfold.

Monday, November 28, 2011

Census 2010: Sixth Informal Update on Status of ACS 2006-2010 Special EEO File

In the third Census 2010 update we received, it is said that the American Community Survey (ACS) 2006-2010 Special EEO File would not contain a "disability" measure due to technical reasons, i.e., a "break-in-series" problem. However, one of the federal agencies sponsoring the creation of the upcoming Special EEO File has indicated to Census that it would like to have a Special File or Tabulation created that would include a "disability" measure.

Wednesday, November 23, 2011

"Hire a Veteran" - President Obama signs the Veterans Opportunity to Work to Hire Heroes Act of 2011

Federal contractors who had undergone recent audits can attest to the fact that the OFCCP is stepping up their expectations and efforts with regards to outreach programs geared towards recruitment (and hiring) of more veterans. The OFCCP has gone beyond just asking for proof of job postings, but has also asked for proof of the contractor's active relationship with their local veteran's office and their utilization of the Department of Labor’s veteran outreach tools (e.g., asking for the local veteran’s office's contact information, when was the local office last contacted, etc.). This is also coupled with the expected Spring 2012 release of the revised regulations regarding the implementation of section 4212 of the VEVRAA (Vietnam Era Veterans' readjustment Assistance Act of 1974).

The current administration's focus on assisting the veterans to be part of the productive workforce has once again became apparent when President Barack Obama signed the "VOW [Veterans Opportunity to Work] to Hire Heroes Act" into law on Monday, November 21, 2011. This is another stepping stone for the Obama Administration in their high pursuit of making sure that our service members will have jobs available when they come home.

Read full article: Veterans Opportunity to Work to Hire Heroes Act of 2011

Thursday, November 17, 2011

A Case for Reviewing Hiring and Selection Processes

Based on a compliance evaluation of Nishimoto Trading Co.'s Santa Fe Springs facility conducted by OFCCP's Los Angeles District Office, investigators determined that Nishimoto failed to ensure qualified job applicants received equal consideration for employment without regard to gender as required by Executive Order 11246. Under the terms of the settlement agreement, Nishimoto will extend job offers to 14 women in the original class as sales associate positions become open.

Nishimoto Holding Company seeks to improve training for personnel involved in the selection process and will undertake extensive self-monitoring measures to ensure that all hiring practices fully comply with the law and immediately correct any discriminatory practices.

Companies can proactively assess their selection processes to minimize risk.

Review the outcome of the Nishimoto Trading Co. gender discrimination case

Wednesday, November 16, 2011

OFCCP Audits 101: What Happens When You Withhold Compensation Info and/or Data?

If you are thinking of withholding compensation information and/or data from the OFCCP during an audit, think twice. The US District Court ruled that the United Space Alliance will have to provide access to information to the US Labor Department to address the issues raised during its initial compliance review.

Read the complete article:

US district court rules United Space Alliance must give US Labor Department access to information for review of its Cape Canaveral, Fla., facility [11/15/2011]

Wednesday, November 9, 2011

New Veterans Initiatives

Highlights from the most recent ODEP Newsletter

As members of our Armed Services return from active duty and seek employment in the private sector the Obama administration continues to show their support by providing resources through New Veterans Initiatives directed by the Department of Labor.

To learn more, check out the latest post found on the Office of Disability Employment Policy Newsletter’s web site.

Secretary Hilda Solis Unveils New Veterans Initiatives

Leading the department's annual "Salute to Veterans" ceremony on Thursday November 3, Secretary Solis used the forum to announce new initiatives designed to help military personnel receive training, find jobs and transition back into civilian life, including a curriculum redesign of the Transition Assistance Program.

ODEP Offers Resources for Veterans with Disabilities

ODEP supports a number of initiatives to help Veterans and returning Service Members with disabilities understand training and employment services that may be available to them. Additionally, it provides educational resources to help employers hire and support wounded warriors.
Learn more about resources available for veterans with disabilities

For more news and Office of Disability Employment Policy Resources by Topic,
visit ODEP's topic page.

If you have questions regarding the New Veterans Initiatives and what they may mean for your organization or company, please let us know:

Waiting for Your Letter of Compliance?

Tired of waiting for your Letter of Compliance but don't want to contact the OFCCP? It's possible that the OFCCP sent you the letter but it never made it to your desk. One solution is to check the National Pre-award Registry to see if your location is on the list...if it is, your audit has been closed.

The National Pre-Award Registry provides information concerning Federal Contractors, that have been reviewed by the Office of Federal Contract Compliance Programs (OFCCP). These Federal Contractors have been found to be "In Compliance" with the Equal Employment Opportunity (EEO) regulations that the OFCCP is mandated to enforce. The information contained in this Registry is for a past two-year period from today. The Registry is updated nightly and facilities reviewed more than 2 years ago are removed as new ones are added.

This Registry provides two primary functions:
  • A search Engine that will enable you to search the Registry (in ascending or descending order) using the Name of the Contractor Facility; and

  • The capability to download the entire Registry (about 1 Mb) to your location. Once downloaded, this information can then be imported into any word processor, spreadsheet, or database software package.

Friday, November 4, 2011

“How to Prepare for an OFCCP Audit”: Webinar with Retired OFCCP Officer Sandra Hueneman

Are you ready for an OFCCP Compliance Evaluation?

(BCGi) Biddle Consulting Group Institute for Workforce DevelopmentBCGi is pleased to present guest speaker Sandra Hueneman, a recently retired OFCCP officer, to help you prepare for an OFCCP audit.

This free webinar will provide a brief overview of the OFCCP Compliance Evaluation and the importance of being prepared. Your preparation now can help you to not be the subject of a discrimination finding or costly litigation.

Tuesday, November 8, 2011
10:00 AM to 11:30 AM PST


She will cover various topics including:

  • OFCCP Compliance Evaluations in 2011
  • What employers need to document about the Compliance Evaluation and why
  • What to review and consider prior to submitting your Affirmative Action Plans (AAP)
  • What to do once AAPs are submitted
  • The Affirmative Action Plan through the eyes of OFCCP
  • Additional data requests from OFCCP
  • Results of OFCCP’s Compliance Evaluation and resolution
  • Department of Labor’s Enforcement Database (and what it means to employers!)

This webinar will be available for HRCI credits.

Don’t miss out on this valuable presentation!

This webinar is offered at no charge by
the Biddle Consulting Group Institute of Workforce Development.
Find out the how you can benefit from a BCGi membership!
(Free Standard & Premium Platinum Membership available)

Mid-Atlantic and Northeast Leadership Announcements

News from the NILG:

"The OFCCP continues to evolve! The OFCCP (Office of Federal Contract Compliance Program) has announced the following changes in leadership in the Mid-Atlantic and Northeast Regions.

Vincent Whipple – Deputy Regional Director, Mid-Atlantic Region
Vincent Whipple began his federal service in the U.S. Army in 1989. He is a veteran of Operation Desert Shield and Operation Desert Storm, with over 5 years of military service. In 1999, Vincent joined the OFCCP in the Mid-West Region’s Indianapolis Area Office as a Compliance Officer. He was promoted to Assistant District Director of the Birmingham, AL District
Office in 2005. After transferring to the Northeast Region as an Assistant District Director at the Mountainside, NJ District Office Vincent was promoted to District Director in 2007. Vincent is currently the Director of Operations for the Mid-Atlantic Region.

Sam Maiden – Deputy Regional Director, Northeast Region
Sam Maiden began his career with OFCCP in 2000, as a Compliance Officer in the Miami office. In 2005, he was promoted to Assistant District Director – Charlotte. As an ADD, his office settled a systemic discrimination hiring case benefiting over 2,000 minorities and females and totaling over $10 million. Additionally, Mr. Maiden collaborated with several Southeast team
area offices and Regional Office team members to settle another systemic discrimination hiring case involving three poultry plants. These cases benefited over 5,000 rejected applicants and totaled over $17 million. In 2008, he was promoted to Director, Program Operations – Southeast. In that position, he was responsible for the daily oversight of program operations within the Regional Office. This includes the legal sufficiency of all compliance reviews and complaint investigations. He provided training and guidance to staff members, coordinating and presenting regional webinars, and training conferences. Topics included: Current Executive Order and Section 503/VEVRAA AAP; Personnel Activity Data Analyses, Impact Ratio Analyses; Compensation Analysis; Goals Analyses; Good Faith Effort Analyses; Relevant Records Examinations; Witness, Management and Employee Interviews; and Appropriate Remedy and Resolution.

During 2011, he participated in the development and negotiated resolution of approximately 50 discrimination cases benefiting over 1,800 women and minority class members with total monetary settlements over $10 million. These cases involved some of the nation's largest employers and resulted in these federal contractors changing their employment policies and practices. This is consistent with the agency's key mission of good jobs for everyone.

Mr. Maiden has been successful in implementing the strategic goal of focusing on effective enforcement. He focused staff on wage-based compensation disparity, Section 503 and VEVRAA cases promoting innovation, efficiency, and greater effectiveness. During FY 10 &11, he has been
involved in the hiring, training and oversight of additional staff. His involvement in these activities achieved the objective of a diverse and inclusive workforce.

Prior to joining OFCCP, Mr. Maiden served in the Peace Corps as a small business advisor in rural Haiti. Mr. Maiden has a bachelor's degree from Michigan State University and a master’s degree in Public Administration from the University of Illinois at Chicago.

Dianna Lynn Adams – Assistant District Director Richmond
Dianna Lynn Adams began her federal career in 1988 employed as an Employee Developmental Specialist with the Internal Revenue Service. Dianna joined OFCCP as an Equal Opportunity Specialist in the Indianapolis District Office in 1999. Dianna was promoted to Assistant District Director in Detroit District Office in 2009.

Dianna obtained her under graduate degree from Kentucky State University obtaining a Bachelor of Science degree in Business Administration and her graduate degree from Indiana Wesleyan University obtaining a Master’s degree in Science Management.

Philemon Rheins – Assistant District Director Pittsburgh
In May 2002, Philemon (pronounced fil-la-mon) Rheins was hired as a Compliance Officer in the U.S. Department of Labor’s Office of Federal Contract Compliance Program (OFCCP) Buffalo Area Office. During his tenure as a Compliance Officer with OFCCP, he has received two (2) U.S. Department of Labor Secretary's Exceptional Achievement Awards for compliance review
findings that resulted in a substantial amount of back pay and hiring of minorities and females. Philemon served as a Petroleum Supply Specialist in the U.S. Army from September 1984 to November 1987. After receiving an honorable discharge, Philemon obtained employment at Youngstown State University (YSU). In 1996, Philemon was hired as a Research Coordinator in YSU’s Office of Affirmative Action. From 1999 to May 2002, he also worked as an Affirmative Action Coordinator at Kent State (Ohio) University.

Philemon is a native of Youngstown, Ohio. And earned the following degrees while enrolled in YSU: A.A.B. in accounting technology, A.B. in American studies and M.A. in history. During his academic tenure at YSU, Philemon was inducted into the Phi Kappa Phi Honor and Phi Alpha Theta Honorary History Societies. His other academic honors also include the B’nai B’rith Graduate History Student Award and Alpha Kappa Alpha Educational Foundation Award.

Kevin Kollgaard – Assistant District Director Mountainside
Kevin Kollgaard began in federal career in 1990 as an Equal Opportunity Specialist with the United States Department of Education, Office for Civil Right (OCR) in New York City. At OCR he investigated discrimination complaints, and conducted extensive ADA reviews of secondary and college campuses. He later moved to Florida, and work in the Equal Opportunity Office at Florida Atlantic University, in Boca Raton. In both positions he helped improve access to education for future workers.

In 2003, he returned to Federal Government with OFCCP, at the Mountainside District Office. During his tenure as a Compliance Officer, he had several cases of discrimination with financial settlements that include, but not limited to, back-pay, job offers, and injunctive relief.

Kevin Kollgaard graduated from Alfred University with a degree in Political Science."

Tuesday, November 1, 2011

Vets100 Online Reporting Application Now Live

The VETS website for filing the 2011 VETS-100/VETS-100A reports is now open. Here are several things that contractors need to know:
  1. All contractors need to re-register before they can file their 2011 reports. All historical accounts and information are no longer available due to the system change at the VETS office. Hence it becomes imperative for all users/contractors to re-register. Upon completion of re-registration, contractors will be provided with a new company number and password to access the VETS-100/100A filing system.

    >>To register a company for the 2011 cycle : Register for the current cycle.

  2. The time frame for the information has not changed. The reporting period for the data remains the same (i.e., any payroll period from July 1 through September 30). Contractors can start submitting their reports from November 1, 2011 to December 30, 2011. However, no reports will be accepted after December 30, 2011.

  3. Contracting officers should not withhold funds to contractors due to late filing of 2011 reports. Contractors should not be penalized for not filing their VETS-100 for the 2011 cycle yet. The filing cycle is still open. Contracting officers can, however, handle the contracts according to VETS 100/100A regulations if and when the contractors failed to file their reports by December 30, 2011.

  4. Reports for the 2010 cycle. Contractors who failed to submit their 2010 cycle reports are given the chance to file their reports. The 2010 forms are now available.
    Please e-mail
More information can be found here:
Questions may be directed to VETS Service Center at:
If the BCG team can be of service to you, please let us know: