- In a letter distributed to the Chicago ILG by the OFCCP’s Deputy Director, Les Jin, the official announcement was made that Sandra Ziegler, Chicago’s Regional Director, and Shirley Thomas, Chicago’s Deputy Regional Director will both be leaving their respective offices on or near June 30, 2011.
In the letter, Deputy Director Jin also said: “One of our primary goals in the upcoming months will be to implement a number of organizational and management changes. They will include moving all managers back to the offices they manage, as well as giving each office responsibility for scheduling and handling their own cases. There will be other changes designed to strengthen district offices, although some changes will occur more gradually than others.”
Job postings to fill these two vacancies will soon be made available. The OFCCP also intends on hiring a new director for the Division of Regional Operations (DORO) and a Planning and Support Director for the region. - The OFCCP is also recalling all scheduling letters sent from the Midwest Regional Office dated June 3, 2011. If you are one of the contractors who received these letters and have not submitted any materials to the OFCCP yet, you do not have to submit your AAP any longer. However, if you have already submitted your materials in response to the supposed audit, the OFCCP will be returning those materials back to you. The National OFCCP Office will send out official notifications to the contractors for the rescission of June 3, 2011 scheduling letters. Please ensure that you keep these notifications. Please note that this does not exempt any contractor from receiving another audit letter for the same location(s) in the next round of “official” letters that will be sent out.
Monday, June 20, 2011
Personnel and Scheduling Letter Changes in the OFCCP’s Midwest Region
The OFCCP’s Midwest Region has announced some notable changes occurring:
Thursday, June 16, 2011
OFCCP Lands Large Settlement For Female Applicants
The OFCCP posted a Press Release on June 16th announcing their latest settlement related to alleged hiring discrimination.
The OFCCP continues to aggressively enforce hiring cases and Patricia Shiu, Director of the OFCCP, has made it abundantly clear that historically male dominated positions are under the microscope. "A global company like ThyssenKrupp should know better than to underestimate the power of America's working women. When the doors of opportunity are fully open to us, there isn't a job that we can't do."
See link to Press Release and an excerpt below.
http://www.dol.gov/opa/media/press/ofccp/OFCCP20110903.htm
News Release
OFCCP News Release: [06/16/2011]
Contact Name: Michael D’Aquino or Michael Wald
Phone Number: (404) 562-2076 or x2078
Release Number: 11-0903-ATL
ThyssenKrupp to pay more than $288,000 to rejected female job applicants at Tennessee facility to settle sex discrimination case with US Labor Department
Agreement includes back wages, interest and job offers
MIDDLETON, Tenn. – ThyssenKrupp Elevator Manufacturing Inc. has agreed to pay a total of $288,333 to 248 female job applicants who were systematically rejected for assembler/packer and utility positions at the company's facility in Middleton from January to December 2005, following an investigation by the U.S. Department of Labor's Office of Federal Contract Compliance Programs. In addition to the financial remedy, TKE will extend 23 job offers to affected women as positions become available.
TKE is a subsidiary of ThyssenKrupp AG, a global conglomerate based in Germany and one of the world's leading producers of elevators. TKE currently holds a $15.1 million contract to provide elevator and escalator maintenance to the General Services Administration, the U.S. federal government agency that manages most federal buildings.
During a scheduled compliance review, OFCCP determined that TKE had violated Executive Order 11246, which prohibits federal contractors and subcontractors from discriminating on the basis of sex.
"This agreement sends a powerful message that the U.S. government will not tolerate discrimination," said OFCCP Director Patricia A. Shiu. "A global company like ThyssenKrupp should know better than to underestimate the power of America's working women. When the doors of opportunity are fully open to us, there isn't a job that we can't do."
The OFCCP continues to aggressively enforce hiring cases and Patricia Shiu, Director of the OFCCP, has made it abundantly clear that historically male dominated positions are under the microscope. "A global company like ThyssenKrupp should know better than to underestimate the power of America's working women. When the doors of opportunity are fully open to us, there isn't a job that we can't do."
See link to Press Release and an excerpt below.
http://www.dol.gov/opa/media/press/ofccp/OFCCP20110903.htm
News Release
OFCCP News Release: [06/16/2011]
Contact Name: Michael D’Aquino or Michael Wald
Phone Number: (404) 562-2076 or x2078
Release Number: 11-0903-ATL
ThyssenKrupp to pay more than $288,000 to rejected female job applicants at Tennessee facility to settle sex discrimination case with US Labor Department
Agreement includes back wages, interest and job offers
MIDDLETON, Tenn. – ThyssenKrupp Elevator Manufacturing Inc. has agreed to pay a total of $288,333 to 248 female job applicants who were systematically rejected for assembler/packer and utility positions at the company's facility in Middleton from January to December 2005, following an investigation by the U.S. Department of Labor's Office of Federal Contract Compliance Programs. In addition to the financial remedy, TKE will extend 23 job offers to affected women as positions become available.
TKE is a subsidiary of ThyssenKrupp AG, a global conglomerate based in Germany and one of the world's leading producers of elevators. TKE currently holds a $15.1 million contract to provide elevator and escalator maintenance to the General Services Administration, the U.S. federal government agency that manages most federal buildings.
During a scheduled compliance review, OFCCP determined that TKE had violated Executive Order 11246, which prohibits federal contractors and subcontractors from discriminating on the basis of sex.
"This agreement sends a powerful message that the U.S. government will not tolerate discrimination," said OFCCP Director Patricia A. Shiu. "A global company like ThyssenKrupp should know better than to underestimate the power of America's working women. When the doors of opportunity are fully open to us, there isn't a job that we can't do."
Tuesday, June 7, 2011
OFCCP Announces Large Compensation Settlement
For a few years now the Federal contractor community has been struggling to get their arms around a consistent methodology for conducting compensation analyses as part of their compliance efforts. When the EEO industry looks back on the last decade there has been a lot of disagreement on the most appropriate method for collecting data and analyzing pay. Even the Department of Labor has struggled to identify a consistent strategy that would not come under heavy fire from the contractor and legal community. The OFCCP made a determined effort to implement rules and guidelines in 2006 only to find that the resulting plan was too restrictive to allow for enforcement of their own initiative, so just recently the OFCCP proposed to the Office of Management and Budget (OMB) to rescind those guidelines and start anew.
In the meantime, the OFCCP continues to enforce the law under Title VII and today they posted a press release showing that equal pay enforcement is very much alive.
See an excerpt from the posting and a link below.
http://www.dol.gov/opa/media/press/ofccp/OFCCP20110829.htm
From OFCCP Press Release June 6, 2011:
Pharmaceutical giant AstraZeneca agrees to pay $250,000 to settle sex discrimination lawsuit brought by US Labor Department
124 current and former female employees will share in settlement involving equal pay
PHILADELPHIA — AstraZeneca, one of the largest pharmaceutical companies in the world, will pay $250,000 to 124 women who were subjected to pay discrimination while working at the corporation's Philadelphia Business Center in Wayne, Pa. The action resolves a lawsuit filed by the U.S. Department of Labor in May 2010 alleging that the company discriminated against female sales specialists by paying them salaries that were, on average, $1,700 less than their male counterparts.
The department's Office of Federal Contract Compliance Programs conducted a scheduled compliance review of the business center in 2002 and found that AstraZeneca had violated Executive Order 11246 by failing to meet its obligations as a federal contractor to ensure employees were paid fairly without regard to sex, race, color, religion and national origin. AstraZeneca holds a contract valued at more than $2 billion with the U.S. Department of Veterans Affairs to provide pharmaceutical products to hospitals and medical centers around the country.
In the meantime, the OFCCP continues to enforce the law under Title VII and today they posted a press release showing that equal pay enforcement is very much alive.
See an excerpt from the posting and a link below.
http://www.dol.gov/opa/media/press/ofccp/OFCCP20110829.htm
From OFCCP Press Release June 6, 2011:
Pharmaceutical giant AstraZeneca agrees to pay $250,000 to settle sex discrimination lawsuit brought by US Labor Department
124 current and former female employees will share in settlement involving equal pay
PHILADELPHIA — AstraZeneca, one of the largest pharmaceutical companies in the world, will pay $250,000 to 124 women who were subjected to pay discrimination while working at the corporation's Philadelphia Business Center in Wayne, Pa. The action resolves a lawsuit filed by the U.S. Department of Labor in May 2010 alleging that the company discriminated against female sales specialists by paying them salaries that were, on average, $1,700 less than their male counterparts.
The department's Office of Federal Contract Compliance Programs conducted a scheduled compliance review of the business center in 2002 and found that AstraZeneca had violated Executive Order 11246 by failing to meet its obligations as a federal contractor to ensure employees were paid fairly without regard to sex, race, color, religion and national origin. AstraZeneca holds a contract valued at more than $2 billion with the U.S. Department of Veterans Affairs to provide pharmaceutical products to hospitals and medical centers around the country.
Thursday, May 26, 2011
Good News From The Labor Market
It seems that much of the news coming out of the DOL is about negative things happening in our economy or associated with certain employers and industries so it was nice to see SECRETARY HILDA SOLIS from the Department of Labor post a positive message about growth and hiring in the automotive industry. Does this mean that the Federal investment into the big car makers was a good idea? Maybe it was. See link and announcement below.
http://social.dol.gov/blog/continuing-signs-of-strength-for-america%E2%80%99s-auto-industry/
Continuing Signs of Strength for America’s Auto Industry
by SECRETARY HILDA SOLIS on MAY 25, 2011
After years of uncertainty, the past few weeks have held positive news for the American automotive industry. All three American automotive manufacturers are operating at a profit. Recently, GM announced it would be investing $2 billion in 17 facilities nationwide, adding jobs and increasing security in these affected communities. And just yesterday, Chrysler announced it would be repaying $5.8 billion to the U.S. Department of the Treasury.
The latest announcement from Chrysler comes six years ahead of schedule and just two years after emerging from bankruptcy. It marks a significant milestone for the turnaround of not just the company, but also the countless communities and families who rely on the American auto industry.
Supporting the American auto industry required making some tough decisions, but President Obama was not willing to walk away from the workers at Chrysler and the communities that rely on this iconic American company. The President called on Chrysler to take difficult steps necessary to become more competitive, and in return pledged that America would stand by them. They stayed true to their word, and so did the President.
While there is more work to be done, we’re starting to see stronger sales, plants adding shifts to keep up with rising demand, and workers being recalled in communities across the country. These signs of strength are a testament to the work of this administration and to the resolve and determination of American workers.
As co-chair of the White House Council on Automotive Communities and Workers, I am proud of the commitments this administration made to the automotive industry. American automotive manufacturers and the communities they call home are integral to the American way of life. Chrysler repaying their debt to the American taxpayers proves that our faith in this industry, these communities, and these workers was a worthwhile investment.
http://social.dol.gov/blog/continuing-signs-of-strength-for-america%E2%80%99s-auto-industry/
Continuing Signs of Strength for America’s Auto Industry
by SECRETARY HILDA SOLIS on MAY 25, 2011
After years of uncertainty, the past few weeks have held positive news for the American automotive industry. All three American automotive manufacturers are operating at a profit. Recently, GM announced it would be investing $2 billion in 17 facilities nationwide, adding jobs and increasing security in these affected communities. And just yesterday, Chrysler announced it would be repaying $5.8 billion to the U.S. Department of the Treasury.
The latest announcement from Chrysler comes six years ahead of schedule and just two years after emerging from bankruptcy. It marks a significant milestone for the turnaround of not just the company, but also the countless communities and families who rely on the American auto industry.
Supporting the American auto industry required making some tough decisions, but President Obama was not willing to walk away from the workers at Chrysler and the communities that rely on this iconic American company. The President called on Chrysler to take difficult steps necessary to become more competitive, and in return pledged that America would stand by them. They stayed true to their word, and so did the President.
While there is more work to be done, we’re starting to see stronger sales, plants adding shifts to keep up with rising demand, and workers being recalled in communities across the country. These signs of strength are a testament to the work of this administration and to the resolve and determination of American workers.
As co-chair of the White House Council on Automotive Communities and Workers, I am proud of the commitments this administration made to the automotive industry. American automotive manufacturers and the communities they call home are integral to the American way of life. Chrysler repaying their debt to the American taxpayers proves that our faith in this industry, these communities, and these workers was a worthwhile investment.
Monday, May 16, 2011
OFCCP Proposes Changes to Desk Audits
In the May 12th edition of the Federal Register, the OFCCP posted notice of proposed changes in the Itemized Listing contained within the Desk Audit letter. The OFCCP is seeking to expand the data collection requirements. The public comment period runs through July 11th.
See summary of changes below with a link to the government page.
Supporting Documentation:
http://www.regulations.gov/#!documentDetail;D=OFCCP-2011-0003-0006
OFCCP has revised the Scheduling Letter and its Itemized Listing. These revisions will reduce overall burden hours on contractors and enhance OFCCP’s desk audit and data analysis abilities. The revisions in the body of the Scheduling Letter were made for clarity and do not affect overall burden hours. The changes to the Itemized listing are the following:
1. A new item 8: submission of employment policies covering the Family and Medical Leave Act (FMLA), pregnancy leave, and accommodations for religious observances and practices. Receipt of these policies would assist OFCCP in better determining the existence of sex or religious discrimination indicators within contractor organizations. Additionally, the policy requirements would enhance OFCCP’s broad authority under Executive Order 11246 to prohibit sex and religious discrimination in employment and its share enforcement responsibilities with the EEOC under Title VII. Burden hours for FMLA and pregnancy leave are covered under OMB Control Number: 1235-0003, the Department of Labor’s Wage and Hour Division. OFCCP estimates that 1% of contractors will have no religious accommodation policy in place. For those 1% of contractors we estimate 2 hours to prepare a religious accommodation policy, or .02 hours overall increase per contractor.
2. Changes to new item 9 (current item 8) –- OFCCP further defined “other information” in contractor collective bargaining agreements to clarify for contractors the specific information requested during compliance evaluations. No change in burden hours for this item.
3. Changes to new item 10 (current item 9) –- AAP reporting requirements changed from preceding year to immediate preceding year to clarify specific AAP reporting timelines for contractors. No change in burden hours for this item.
4. Changes to new item 11 (current item 10) -– OFCCP included more specific demographic information related to Applicants, Hires, Promotions, and Terminations to eliminate ambiguous minority and non-minority terminology. In addition, contractors would now be required to submit data by job group and job title, instead of job group or job title in the current Scheduling Letter. This revised submission would result in OFCCP obtaining more accurate reporting data for its analyses related to identifying sex and race discrimination indicators. Given the widespread use of computer technology for Human Resources data entry and management, we estimate 1 hour increased burden per contractor.
5. Changes to new item 12 (current item 11) -– The changes would require a contractor to submit more precise data for OFCCP’s compensation analysis. The more precise data is individual employee data rather than the aggregate data requested in the current Scheduling Letter. A submission of the data would allow OFCCP to perform specific analyses, and pinpoint possible discrimination based on race or sex. We will no longer ask for aggregate compensation data, which required contractors to summarize the data themselves, thereby increasing their burden. In addition, the aggregate data was less effective in allowing OFCCP to analyze compensation. The Compensation Questionnaire indicated that contractors spend an average of 5.23 hours to submit compensation data, and an average of 1.87 hours to submit additional compensation data (after the initial request and prior to an onsite review). The new compensation submission replaces the initial request with the follow up request, meaning that a contractor’s burden would decrease on average to 3.36 hours (5.23 - 1.87 = 3.36).
6. New item 13 -- A copy of the Veterans’ Employment Report VETS-100 and/or VETS-100A for the last three years. These documents are required reporting for federal contractors and include information on their hiring on disabled and other protected veterans under VEVRAA. This information supports OFCCP’s efforts to prohibit discrimination based on an individual’s status as a protected veteran. The burden for complying with the VETS-100/100A reports is covered under OMB Control Number 1293-0005 under the Department of Labor’s Veterans’ Employment Training Service. Therefore, there is no increased burden for this item.
See summary of changes below with a link to the government page.
Supporting Documentation:
http://www.regulations.gov/#!documentDetail;D=OFCCP-2011-0003-0006
OFCCP has revised the Scheduling Letter and its Itemized Listing. These revisions will reduce overall burden hours on contractors and enhance OFCCP’s desk audit and data analysis abilities. The revisions in the body of the Scheduling Letter were made for clarity and do not affect overall burden hours. The changes to the Itemized listing are the following:
1. A new item 8: submission of employment policies covering the Family and Medical Leave Act (FMLA), pregnancy leave, and accommodations for religious observances and practices. Receipt of these policies would assist OFCCP in better determining the existence of sex or religious discrimination indicators within contractor organizations. Additionally, the policy requirements would enhance OFCCP’s broad authority under Executive Order 11246 to prohibit sex and religious discrimination in employment and its share enforcement responsibilities with the EEOC under Title VII. Burden hours for FMLA and pregnancy leave are covered under OMB Control Number: 1235-0003, the Department of Labor’s Wage and Hour Division. OFCCP estimates that 1% of contractors will have no religious accommodation policy in place. For those 1% of contractors we estimate 2 hours to prepare a religious accommodation policy, or .02 hours overall increase per contractor.
2. Changes to new item 9 (current item 8) –- OFCCP further defined “other information” in contractor collective bargaining agreements to clarify for contractors the specific information requested during compliance evaluations. No change in burden hours for this item.
3. Changes to new item 10 (current item 9) –- AAP reporting requirements changed from preceding year to immediate preceding year to clarify specific AAP reporting timelines for contractors. No change in burden hours for this item.
4. Changes to new item 11 (current item 10) -– OFCCP included more specific demographic information related to Applicants, Hires, Promotions, and Terminations to eliminate ambiguous minority and non-minority terminology. In addition, contractors would now be required to submit data by job group and job title, instead of job group or job title in the current Scheduling Letter. This revised submission would result in OFCCP obtaining more accurate reporting data for its analyses related to identifying sex and race discrimination indicators. Given the widespread use of computer technology for Human Resources data entry and management, we estimate 1 hour increased burden per contractor.
5. Changes to new item 12 (current item 11) -– The changes would require a contractor to submit more precise data for OFCCP’s compensation analysis. The more precise data is individual employee data rather than the aggregate data requested in the current Scheduling Letter. A submission of the data would allow OFCCP to perform specific analyses, and pinpoint possible discrimination based on race or sex. We will no longer ask for aggregate compensation data, which required contractors to summarize the data themselves, thereby increasing their burden. In addition, the aggregate data was less effective in allowing OFCCP to analyze compensation. The Compensation Questionnaire indicated that contractors spend an average of 5.23 hours to submit compensation data, and an average of 1.87 hours to submit additional compensation data (after the initial request and prior to an onsite review). The new compensation submission replaces the initial request with the follow up request, meaning that a contractor’s burden would decrease on average to 3.36 hours (5.23 - 1.87 = 3.36).
6. New item 13 -- A copy of the Veterans’ Employment Report VETS-100 and/or VETS-100A for the last three years. These documents are required reporting for federal contractors and include information on their hiring on disabled and other protected veterans under VEVRAA. This information supports OFCCP’s efforts to prohibit discrimination based on an individual’s status as a protected veteran. The burden for complying with the VETS-100/100A reports is covered under OMB Control Number 1293-0005 under the Department of Labor’s Veterans’ Employment Training Service. Therefore, there is no increased burden for this item.
Wednesday, May 11, 2011
OFCCP Invites You to Their "Active Case Enforcement Procedures" Webinar
Webinar Title: Active Case Enforcement Procedures
Date: Tuesday, May 17, 2011
Time: 2:00 PM - 3:30 PM EDT
OFCCP invites you to learn more about the Active Case Enforcement Procedures (ACE) it is now using to conduct compliance evaluations. First implemented in January 2011, ACE replaces the Active Case Management (ACM) protocol, and features full desk audits, increased onsite evaluations, focused evaluations, and full reviews.
During this webinar Kelley Smith and Margaret Kraak of OFCCP’s Policy Division will explain what contractors can expect when scheduled for a Supply & Service compliance evaluation using ACE procedures, including a discussion of key terms and how ACE procedures differ from ACM. We hope you will be able to join us, and encourage you to submit any questions you have about ACE on your registration form.
Register for OFCCP Active Case Enforcement webinar here.
Space is limited.
Reserve your Webinar seat now at:
https://www1.gotomeeting.com/register/803477832
Date: Tuesday, May 17, 2011
Time: 2:00 PM - 3:30 PM EDT
OFCCP invites you to learn more about the Active Case Enforcement Procedures (ACE) it is now using to conduct compliance evaluations. First implemented in January 2011, ACE replaces the Active Case Management (ACM) protocol, and features full desk audits, increased onsite evaluations, focused evaluations, and full reviews.
During this webinar Kelley Smith and Margaret Kraak of OFCCP’s Policy Division will explain what contractors can expect when scheduled for a Supply & Service compliance evaluation using ACE procedures, including a discussion of key terms and how ACE procedures differ from ACM. We hope you will be able to join us, and encourage you to submit any questions you have about ACE on your registration form.
Register for OFCCP Active Case Enforcement webinar here.
Space is limited.
Reserve your Webinar seat now at:
https://www1.gotomeeting.com/register/803477832
OFCCP Providing New Webinar on Enforcement Procedures
On Wednesday, May 11th, the OFCCP posted a new webinar to review the change in their enforcement procedures. Initially posted in December, 2010, the OFCCP sent out a directive regarding the conversion from the more restrictive Active Case Management format that focused on systemic issues to the new Active Case Enforcement directive that returns to the classical enforcement format of a full desk review for every audit. The webinar is expected to provide useful insight into the current OFCCP audit strategies.
OFCCP Invites You to Their "Active Case Enforcement Procedures" Webinar
Date: Tuesday, May 17, 2011
Time: 2:00 PM - 3:30 PM EDT
OFCCP invites you to learn more about the Active Case Enforcement Procedures (ACE) it is now using to conduct compliance evaluations. First implemented in January 2011, ACE replaces the Active Case Management (ACM) protocol, and features full desk audits, increased onsite evaluations, focused evaluations, and full reviews.
During this webinar Kelley Smith and Margaret Kraak of OFCCP’s Policy Division will explain what contractors can expect when scheduled for a Supply & Service compliance evaluation using ACE procedures, including a discussion of key terms and how ACE procedures differ from ACM. We hope you will be able to join us, and encourage you to submit any questions you have about ACE on your registration form.
Register for OFCCP Active Case Management webinar.
Space is limited.
Reserve your webinar seat now at:
https://www1.gotomeeting.com/register/803477832
OFCCP Invites You to Their "Active Case Enforcement Procedures" Webinar
Date: Tuesday, May 17, 2011
Time: 2:00 PM - 3:30 PM EDT
OFCCP invites you to learn more about the Active Case Enforcement Procedures (ACE) it is now using to conduct compliance evaluations. First implemented in January 2011, ACE replaces the Active Case Management (ACM) protocol, and features full desk audits, increased onsite evaluations, focused evaluations, and full reviews.
During this webinar Kelley Smith and Margaret Kraak of OFCCP’s Policy Division will explain what contractors can expect when scheduled for a Supply & Service compliance evaluation using ACE procedures, including a discussion of key terms and how ACE procedures differ from ACM. We hope you will be able to join us, and encourage you to submit any questions you have about ACE on your registration form.
Register for OFCCP Active Case Management webinar.
Space is limited.
Reserve your webinar seat now at:
https://www1.gotomeeting.com/register/803477832
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