Census 2010: December Update to Census / SOC Crosswalk File

Three (3) more changes to the ACS 2006-2010 Special EEO File crosswalk table were recently received in an e-mail from the EEOC. The three changes were in the assignment of Census/SOC occupations into the EEO-1 (9) and EEO (14) categories.

The final version is due to be released in December 2012.

DOL Pressing for More Employment Opportunities for Individuals with Disabilities

The Department of Labor, through the Office of Federal Contract Compliance Programs, continues to press for more employment opportunities for individuals with disabilities.

“The U.S. Department of Labor is proposing a new rule that would require federal contractors and subcontractors to set a hiring goal of having 7 percent of their workforces be people with disabilities, among other requirements. The department's Office of Federal Contract Compliance Programs invites public comment on this proposal, which will be published in the Dec. 9 edition of the Federal Register.

“OFCCP's proposed rule would strengthen the affirmative action requirements established in Section 503 of the Rehabilitation Act of 1973 obligating federal contractors and subcontractors to ensure equal employment opportunities for qualified workers with disabilities. The proposed regulatory changes detail specific actions contractors must take in the areas of recruitment, training, record keeping and policy dissemination — similar to those that have long been required to promote workplace equality for women and minorities. In addition, the rule would clarify OFCCP's expectations for contractors by providing specific guidance on how to comply with the law.”

Click here to read the full press release:

http://www.dol.gov/opa/media/press/ofccp/OFCCP20111614.htm

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.

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.

"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

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

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]