2010 EEO Tabulation: A Quick Peek Under the Hood
by Dr. Hossein Borhani - Jun, 2013
Since January 2005, the contractor community has been using the Census 2000 Special EEO File to prepare Affirmative Action Plans (AAPs). On May 15, 2013, the Office of Federal Contract Compliance Programs (OFCCP) announced that as of January 1, 2014, federal contractors must replace the 2000 EEO file with the 2006-2010 Census EEO Tabulation (2010 EEO Tabulation) to produce all future AAPs 1. The 2010 EEO Tabulation provide...
The Unexpected Race Discrimination Victim
by Sandra Zeigler, Esq. - Jun, 2013
The unexpected victim in OFCCP and EEOC race cases is a white, or as OFCCP likes to call it, a non-minority, victim. The historical reasons for this are well known. The civil rights laws were developed to counteract the societal bias that favors white applicants and/or employees. However, the fact that such cases are rare does not mean they are non-existent. The civil rights laws prohibit discrimination on the basis of ra...
Why You Should Pay Attention to Your Availability Results
by Chris Lindholm - Jun, 2013
As Federal contractors begin to utilize the 2010 EEO Census File to generate availability data, it provides a good opportunity to remind plan developers to take a look at how they are calculating their availability pools. Contractors need to avoid going on autopilot when it comes to defining their affirmative action plan structure. Things have changed and contractors need to visualize the impact those changes have on their g...
How to Recruit and Retain Military Veterans
by Carl Savino - Jun, 2013
As the nation’s wars in Iraq and Afghanistan are coming to a close, considerable attention has been given to the recruiting and retention of military veterans. This article provides employers with helpful tips on both. Recruitment of Veterans Did you know that annually, almost 250,000 men and women leave active military service? The skills and experience they bring to the table are wide and varied, with corollaries in...
Compliance Provides a Competitive Edge: A Paradigm Shift in Compliance Mindset and Attitude
by Ahmed Younies - May, 2013
Compliance with federal employment regulations provides two interrelated benefits to every business interested in maintaining a competitive edge. Firstly, a business which complies with federal regulations will avoid the negative financial penalties associated with noncompliance. Secondly, a business which complies with federal regulations will benefit from hiring a diverse and dynamic workforce. The negative financial pena...
The Fox OFCCP Report
by John Fox, Esq. - May, 2013
May 2013 The New Rules for OFCCP Onsite Audits: How Much "Cause" is "Probable" Enough? I think many readers are going to be very surprised by this column because OFCCP has recently completed a very BIG change to its audit procedures, but did not tell anyone. No News Release. No Federal Register Notice. No Webinar. Not even a "podium policy" announcement. And yet, the change...
The OFCCP Digest Volume 3, Issue 5
by Local JobNetwork™ - May, 2013
Volume 3, Issue 5 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....
Applicant Tracking Systems and OFCCP Compliance
by Bill Osterndorf - May, 2013
The vendors that provide applicant tracking systems routinely suggest that their systems are “OFCCP compliant.” Yet, federal contractors and subcontractors are frequently cited for record-keeping issues associated with applicant data. How can companies ensure that their applicant tracking systems will help them successfully navigate through an OFCCP review? As a starting point, it is important to note that no applican...
Salary Negotiation as Disparate Impact
by Sandra Zeigler, Esq. - May, 2013
In presentations I have made around the country, I have occasionally raised the question of whether the practice of permitting negotiation of starting salaries is susceptible to challenge under a disparate impact theory. This article explores that question further. Disparate impact occurs when a practice that is fair in form -- because it applies equally to all employees or applicants -- has a disproportionally negative...
The Affirmative Action Conundrum – How to Communicate AAP Results to Managers When Everyone is Protected
by Debra Milstein Gardner - May, 2013
Is OFCCP, only now under the Obama administration, valuing the full scope of E.O. 11246? We all know that E.O. 11246 prohibits government contractors from discriminating in employment decisions on the basis of race, color, religion, sex, or national origin. But in the past, has OFCCP ever fully evaluated employment decisions impacting all racial groups? The first two definitions of affirmative action below are represe...
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