Thoughts on the 2012 National Industry Liaison Group Conference
by Bill Osterndorf - Sep, 2012
The 2012 National Industry Liaison Group (NILG) conference was held August 27-31 in Waikoloa, Hawaii. The conference location was beautiful, and the conference planning committee made sure that the conference ran smoothly. However, this was a difficult year to gain many new insights into what is occurring at the U.S. Department of Labor's Office of Federal Contract Compliance Programs (OFCCP). There were a number of effecti...
The OFCCP Digest Volume 2, Issue 8
by Local JobNetwork™ - Aug, 2012
Volume 2, Issue 8 The OFCCP Digest is a complimentary resource for those who do business with the Federal government. Industry leaders from throughout the country share their expertise on a range of topics including affirmative action, equal employment opportunity, and government compliance. ...
The Daunting Task of Recordkeeping in Today’s Compliance Environment
by Chris Lindholm - Aug, 2012
Recruitment and hiring processes are changing, and they are changing fast. Similar to how fast the internet changed public lives in the 1990’s, elaborate internet tools such as social media, job boards, online diversity associations and job posting requirements are changing the lives of recruiters and Federal contractors right now. In turn, contractors have a lot of questions about how to keep pace with their recordkeepin...
The Fox OFCCP Report
by John Fox, Esq. - Aug, 2012
August 2012 The Strange Case of Hawaii and Puerto Rico: Or, Where to Affirmative Action? By convention and practice (not by Executive Order, statute, regulation or guideline), OFCCP has never required covered federal contractors and subcontractors to prepare Affirmative Action Plans for minorities for their establishments in Hawaii or Puerto Rico. OFCCP has nonetheless always require...
The Inherent Flaws in Availability Analyses
by Bill Osterndorf - Aug, 2012
From the advent of the eight-factor analysis, availability analyses have been a central part of all federal affirmative action plans. The U.S. Department of Labor's Office of Federal Contract Compliance Programs (OFCCP) changed from an eight-factor analysis to a two-factor analysis (i.e. an analysis examining only external populations and internal populations that may be able to enter jobs) more than ten years ago. However, ...
Using Tests in the Employment Process
by Sandra Zeigler, Esq. - Aug, 2012
What is a test? While we commonly think of tests as either a series of questions to be answered and scored or a set of actions to be performed and scored, from the EEO perspective, the definition of test is much broader. Any part of a selection procedure where candidates are considered and some are chosen, while others are not, is subject to the Uniform Guidelines on Employee Selection Procedures (UGESP) (41 CFR 60-3) and, f...
The OFCCP Digest Volume 2, Issue 7
by Local JobNetwork™ - Jul, 2012
Volume 2, Issue 7 The OFCCP Digest is a complimentary resource for those who do business with the Federal government. Industry leaders from throughout the country share their expertise on a range of topics including affirmative action, equal employment opportunity, and government compliance. ...
The Fox OFCCP Report
by John Fox, Esq. - Jul, 2012
July 2012 What To Do in an Uncertain World...As the World Turns at OFCCP Business demands predictability and abhors uncertainty. General Counsels want to know "likely outcomes" and timetables. Vice Presidents of Human Resources want to know what to do to comply and what not to do to unnecessarily increase the Company's legal risk. I was just about to decide on this theme of regul...
Enterprise Wide Enforcement
by Sandra Zeigler, Esq. - Jul, 2012
The concept of enterprise-wide enforcement has been around in one form or another for years at OFCCP. In the late nineties it took the form of "global agreements," in the early 2000's the concept emerged in initiatives to "connect the dots" and in the present administration it has surfaced under the term "enterprise-wide" enforcement. In addition to resolutions specifically tagged as part of these initiatives, there have alway...
Invitation to Self-Identify
by Bill Osterndorf - Jul, 2012
As a part of the data collection and record-keeping requirements under the federal government's affirmative action regulations, federal contractors and subcontractors are obligated to collect race/ethnicity and gender information from applicants. Contractors are also required to survey employees for race/ethnicity and gender information as well as veteran and disability status. The U.S. Department of Labor's Office of Federa...
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