Biddle Consulting Group Releases All-New Software for Statistical Compensation Analyses

Biddle Consulting Group, Inc., is pleased to announce the April 2, 2010, release of COMPARE 2.0®, a software solution that will help organizations evaluate compensation practices for signs of pay inequalities. COMPARE 2.0® is specifically designed to address the multiple regression-based analytical strategy embraced by the U.S. Office of Federal Contract Compliance Programs (OFCCP) for federal contractors and subcontractors.

Designed to seamlessly integrate with Microsoft® Excel®, COMPARE 2.0® was developed from the ground-up as a suite of stand-alone modules that generate and present and summarize the results of complex analyses necessary to fully understand and document your organization’s compensation practices. Results are formatted into a Microsoft® Excel® workbook so they are ready to print out and submit to decision makers.

The powerful features of COMPARE® include:

· Customizable thresholds that allow an organization to determine the specific high-level warning flags that could indicate pay disparities.

· Statistical analyses to help identify the most valid explanatory factors that drive an organization’s compensation practices.

· Statistical diagnostic tools to help determine whether data meet the assumptions for a valid regression analysis.

· Analytical reports identifying which employee groupings exhibit statistically significant pay disparities.

· A powerful report that indicates, for each individual, how much their pay must be adjusted to eliminate statistically significant differences.

COMPARE® is not just a statistical analysis tool. It is a comprehensive and powerful compensation analysis suite designed to perform compensation data modeling in a manner that is consistent with both technical and legally defensible standards.

To learn more or to download a free copy of the COMPARE® software please visit www.biddle.com/compare.stm or call us at (800) 999-0438.

Minimum installation requirements:

· Microsoft Windows XP / Vista / 7

· Microsoft Excel 2003 / 2007


COMPARE® was designed by the experts at Biddle Consulting Group, Inc., a company with over 35 years of experience in EEO, Affirmative Action, Compensation Analysis, and Testing industries.

COMPARE free training webinars:

- 4/16/2010
- 5/25/2010
- 9/30/2010
- 12/14/2010

To register, visit www.BCGinstitute.org

New OFCCP Web Cast - April 5. 2010

OFCCP has posted an invitation for a new web chat to take place on April 5, 2010. To sign up, see details below:

OFCCP Web Chat


Please join OFCCP Director Patricia A. Shiu on Monday, April 5th at 3:30 p.m. (EDT) for a live chat about OFCCP’s Strategic Plan. This is an opportunity to:

• Learn more about the strategic planning process; and

• Provide comment on the proposals for our strategic direction and goals.

The web chat can be accessed at http://dol.gov/strategicplan2010. The attached presentation highlights the strategies and measures OFCCP is considering for inclusion in the Department’s Strategic Plan for 2010-2016.

For more information about the DOL Strategic Plan, including department and agency overviews, go to http://www.dol.gov/strategicplan2010.

OFCCP values stakeholders’ participation and engagement in the planning process and encourages all interested parties to provide suggestions and feedback. If you would like to submit suggestions, feedback or comment on the Department of Labor’s strategic plan development please email strategic-plan@dol.gov. If you would like to comment specifically on OFCCP’s strategic plan, please include OFCCP in the subject line of the email. Note: Comments may also be submitted during the web chat but in this format not every comment submitted will be posted.

We want your input!

Deciding which AAP to submit to OFCCP in a desk audit

Federal contractors often struggle to understand exactly what data needs to be submitted during an OFCCP desk audit. One of the more difficult questions asked by contractors' staff is "Which AAP do I submit if I am close to my annual AAP renewal date?" OFCCP posted an answer to this question on their website under the Policy section of their Frequently Asked Questions (FAQs). While it leaves the final decision up to the contractor, the answer is useful in determining which plan and supporting data will be needed.

http://www.dol.gov/ofccp/regs/compliance/faqs/polfaqs.htm

From the OFCCP FAQ web page:

The scheduling letter used by OFCCP to commence a compliance evaluation requires the submission of an Executive Order Affirmative Action Program (AAP); Section 503/38 U.S.C. 4212 AAP(s); and support data on personnel activity from the preceding AAP year (a contractor that is 6 months or more into the AAP year must submit information that reflects progress on goals established in the current AAP). What does OFCCP consider to be a "current" Affirmative Action Program and support data?

Contractors are obligated to update their AAPs on an annual basis. When a scheduling letter is received, there is an expectation that a contractor will submit "current" AAPs. When a scheduling letter has been received just prior to, or just after, the annual update, questions have arisen concerning which AAPs should be submitted as the "current" AAP(s). Contractors should submit to the agency the AAP(s) that are current as of the date the scheduling letter is received. The date of receipt will be considered to be the date that the Certified Mail Return Receipt is signed by a representative of the contractor. If the scheduling letter is received within 30 days of the annual update of a contractor's AAP(s), the contractor may, at its own option, submit the updated AAP(s) for desk audit. In the event the contractor decides to submit the AAP(s) that have not yet been updated, then support data for the eleven (11) month period preceding the updating of those AAP(s) must be provided, in addition to information on the preceding AAP year.

OFCCP next Town Hall Meeting to be held in New Orleans

Please see invitation from OFCCP below:

OFFICE OF FEDERAL CONTRACT COMPLIANCE PROGRAMS

Please join OFCCP Director Patricia Shiu and OFCCP Regional Director Melissa L. Speer as they host a Town Hall Meeting to provide a critical opportunity for stakeholders to provide suggestions to enhance the agency’s existing regulations and improve compliance. Further details and registration information are listed below.

AGENDA
Wednesday, March 17, 2010
Location: University of New Orleans, Lindy C. Boggs International Conference Center, 2045 Lakeshore Drive, auditorium 152, New Orleans, LA 70122

10am-12pm Listening Session on amending Affirmative Action & Nondiscrimination Obligations of Contractors and Subcontractors under Section 503 of the Rehabilitation Act
Presenter: OFCCP Director Patricia Shiu

2pm-4pm Listening Session on amending the regulations for Construction Contractors’ Affirmative Action Requirements
Presenter: OFCCP Director Patricia Shiu

Thursday, March 18, 2010
Location: University of New Orleans, Lindy C. Boggs International Conference Center, 2045 Lakeshore Drive, auditorium 152, New Orleans, LA 70122
10am-12pm Listening Session on amending the VEVRAA regulations
Presenter: OFCCP Director Patricia Shiu

REGISTER: Please call the New Orleans Area Office at (504) 589-6575 or register via email at Olivarez.linda@dol.gov. If you require an accommodation, please advise at the time of registration.

Comments during the Listening Sessions will be limited to two minutes each. No written comments will be accepted at these Listening Sessions;
however, you can submit written comments as follows:

• Affirmative Action & Nondiscrimination Obligations of Contractors and Subcontractors; Evaluation of Recruitment and Placement Results under
Section 503 of the Rehabilitation Act. To submit comments, suggestions, or feedback please email: OFCCP-Regulatory-Agenda-503@dol.gov

• Affirmative Action & Nondiscrimination Obligations of Contractors and Subcontractors; Evaluation of Recruitment and Placement Results under the
Vietnam Era Veterans’ Readjustment Assistance Act (VEVRAA). To submit comments, suggestions, or feedback please email: OFCCPRegulatory-
Agenda-VEVRAA@dol.gov

• Construction Contractor Affirmative Action Requirements. To submit comments, suggestions, or feedback please email: OFCCP-Regulatory-Agenda-
EO-Construction@dol.gov

OFCCP to host Webinar(s) on Federal contract provisions involving (ARRA) funds

OFCCP is hosting a new webinar series: American Recovery & Reinvestment Act of 2009 (ARRA) for Federal and Federally-Assisted Construction Contractors.

Please join the U.S. Department of Labor - Office of Federal Contract Compliance Programs (OFCCP) – as it presents information on the equal employment opportunity (EEO) and affirmative action (AA) provisions of Federal contracts involving American Recovery and Reinvestment Act of 2009 (ARRA) funds.

Construction federal contractors are required to take specific affirmative action steps – 16 to be exact. In this webinar, Federal and federally-assisted construction contractors and subcontractors will learn about these 16 steps and what to expect during a construction compliance evaluation.

This webinar is approximately 1.5 hours long that include 30 minutes of Q&A opportunities. We invite you to e-mail us your questions in advance of the webinar.

Register for a session now by clicking a date below:

Tue, Mar 16, 2010 2:00 PM - 3:30 PM EDT
https://www1.gotomeeting.com/register/254878400

Tue, Mar 30, 2010 2:00 PM - 3:30 PM EDT
https://www1.gotomeeting.com/register/701096040

Once registered you will receive an email confirming your registration
with information you need to join the Webinar.

OFCCP Town Hall Meeting, February 16, 2010

Biddle Consulting Group attended the OFCCP’s Town Hall Meeting in San Francisco on February 16, 2010. The meeting was very similar to the webcasts held previously where the focus was not on a fixed presentation but rather on an open dialogue with the public. The meeting began with Bill Smitherman, Regional Director (Pacific Region), offering a flattering introduction to the new Director of the OFCCP, Patricia Shiu. The meeting was also attended by Sandra Dillon, National Director of Policy, as well as an attorney from the solicitor’s office.

The purpose of the meeting was to engage the public in dialogue regarding Section 503 of the Rehabilitation Act. Once the meeting was opened up to the floor there was significant discussion about the obstacles that employers face regarding recruitment of people with disabilities as well as the difficulties associated with soliciting information on accommodations. Several attendees articulated that the loss of America’s Job Bank has made life more difficult for Federal contractors to comply with the requirement to post open jobs with state and local employment agencies. Other attendees spoke up and suggested that the intention of eliminating America’s Job Bank was not only due to budget constraints but also to allow state agencies to evolve so the national board was not necessary.

Ms. Shiu and her team were very engaged in the dialogue and asked many questions based on the attendees concerns. It was made clear that the new leadership is using Town Hall Meetings and webcasts to gather input on what works and what doesn’t from the public perspective.

In conclusion, it was clear that Ms. Shiu has a plan in mind and that this administration has a very different agenda than the previous. The new OFCCP is certainly interested in the most egregious systemic offenders, but is also interested in returning to the days of enforcing classical affirmative action principles and all of its associated rules/regulations (and not just adverse impact). This focus suggests a reduction in the use of Active Case Management and an increase in the full desk audit methods of the past.

Ms. Shiu articulated to the attendees that “It is a new day at the Department of Labor and OFCCP.” Based upon the audits we have seen lately, we couldn’t agree more.

Compliance Officers are Requesting Records on Other Personnel Actions

By Marife Ramos

One of the recent atypical activities from the OFCCP is the compliance officer conducting detailed data reconciliation. That is, compliance officers “doing the math.” They look at the contractor’s previous year’s employee representation, add/subtract the transactions, and “expect” the numbers to match the current employee representation. (Please see blog dated February 5, 2010 for various other OFCCP requests and activities that make the Federal contracting community cringe).
When a compliance officer attempts to reconcile numbers based solely on the information contained in the AAP, more often than not, the starting and completing numbers will not add up. This is due to the fact that the AAP reports do not account for transfers, demotions, job eliminations, and/or acquisitions (and other personnel activities) that occurred in a job group. In previous audits, contractors were simply asked to explain the discrepancies. A brief explanation of these other activities used to be enough but not anymore. Contractors are now being asked to provide the actual data that will, so to speak, balance the equation. The question now becomes: “Since transfer and/or demotion data are not part of the AAP (nor in the itemized listing of the audit letter), can contractors argue against providing such data sets?”

Let’s take a look at what the regulations [CFR 60-2.17(b)] states:
"The contractor must perform in-depth analyses of its total employment process to determine whether and where impediments to equal employment opportunity exist. At a minimum the contractor must evaluate…(2) personnel activity (applicant flow, hires, terminations, promotions, and other personnel actions [emphasis added]) to determine whether there are selection disparities…"

Consider these two things: 1) The audit letter only requests data for applicants, hires, promotions, and terminations and there is no mention of other personnel activities; however, 2) the regulations state that contractors are required to analyze other personnel actions as part of their affirmative action program obligation. Your direction? Clear as mud.

The advice would be that the regulations are in place and there is not much a contractor can do to argue against them. Contractors have always been expected to have other personnel actions tracked and analyzed and therefore, be able to provide all data in the event of an audit. Besides, if the data can explain the discrepancies in numbers then why not provide it? Now, if the data cannot explain the discrepancies, as is often the case, the contractor may have some explaining to do in regard to their recordkeeping systems and a Notice of Violation from OFCCP becomes likely.