The Value of Good Affirmative Action Plans
by Bill Osterndorf - Oct, 2013
2013 has been a very busy year for the U.S. Department of Labor's Office of Federal Contract Compliance Programs (OFCCP). With the release of revised regulations regarding veterans and persons with disabilities in September and the agency's changing procedures for investigating potential compensation disparities, federal contractors and subcontractors are spending much of their time focusing on these areas. Even with these...
The Fox OFCCP Report
by John Fox, Esq. - Oct, 2013
October 2013 What It All Means: Where Is OFCCP Taking You: Carter to Clinton to Obama Punch line: It's all about documentation, just when you have fired and transferred all of your document clerks. Weldon Rougeau, the Carter Administration OFCCP Director, forever changed OFCCP and laid the foundation bricks for the building Pat Shiu and the Obama Administration are now constructin...
Adverse Impact Analyses: Making Sure the Government Follows Its Own Regulations
by Cara Yates Crotty, Esq. - Oct, 2013
As attendees at any ILG National Conference can tell you, the OFCCP routinely reiterates its expectation (sometimes rather forcefully) that federal contractors know and comply with the regulations. Well, here is a case that contractors can use to remind the OFCCP that what is good for the goose is good for the gander! An Administrative Law Judge recently handed the OFCCP an embarrassing defeat in OFCCP v. VF Jeanswear...
OFCCP's New "Model Conciliation Agreement for Compensation"
by Sandra Zeigler, Esq. - Oct, 2013
Addendum A to Chapter 8 of the revised OFCCP Federal Contract Compliance Manual (FCCM) dated July 2013 is a "Model Conciliation Agreement for Compensation" (hereafter, Model CA). Chapter 8H01 entitled, "Contents of A Conciliation Agreement" discusses the standard text conciliation agreement that has been the template for all OFCCP conciliation agreements for years. There is no discussion in this section of the Model Conciliati...
OFCCP v. Medtronic Provides Federal Contractors/Subcontractors with a Learning Opportunity in Compensation Practices
by Ahmed Younies - Oct, 2013
Last month, Medtronic and the OFCCP settled pay discrimination allegations in OFCCP v. Medtronic Inc. and Medtronic Interventional Vascular Inc., Case No. 2013-OFC-0004. Many of you may know the basic facts: the OFCCP alleged that Medtronic discriminated against 78 Hispanic entry-level Senior Production Associates at its Danvers, Massachusetts facility, by paying them less than they paid Caucasian employees, performing the sam...
The OFCCP Digest Volume 3, Issue 9
by Local JobNetwork™ - Sep, 2013
Volume 3, Issue 9 Beware of What You Sign – The Dangers of Conciliation Agreements by Debra Milstein Gardner You have just finished a difficult OFCCP compliance review that appeared to be interminable. Numerous scenarios could have occurred during the way, but the end res...
The Fox OFCCP Report
by John Fox, Esq. - Sep, 2013
September 2013 When is an OFCCP "Placement Goal" a "Utilization Goal" or a "Benchmark Goal" or a "Quota"? This month's column is about the magic, majesty and meaning of words. One of my favorite books is Lewis Carroll's "Through The Looking-Glass and What Alice Found There" (and even before The Jefferson Airplane and Grace Slick immortalized it in the 1967 rock song "White Rabbit"...
2010 EEO Tabulation: A Quick Peek Under the Hood – Part 2
by Dr. Hossein Borhani - Sep, 2013
As I stated in my June post, the Office of Federal Contract Compliance Programs (OFCCP) has announced that as of January 1, 2014, federal contractors must replace the 2000 EEO Tabulation file with the 2006-2010 Census EEO Tabulation file (2010 EEO Tabulation) to produce all future AAPs.1 In this post I will continue my review of the 2010 EEO Tabulation and its comparison to the 2000 EEO Tabulation file while noting some majo...
Beware of What You Sign – The Dangers of Conciliation Agreements
by Debra Milstein Gardner - Sep, 2013
You have just finished a difficult OFCCP compliance review that appeared to be interminable. Numerous scenarios could have occurred during the way, but the end result is OFCCP issuing a notice of violations (NOV) and a conciliation agreement (CA). As frustrating as it is, many contractors can expect to receive a CA, especially if they failed to post their job openings with the state employment service or failed to conduct...
OFCCP Final Rules: A Step in the Right Direction
by Sandra Zeigler, Esq. - Sep, 2013
The long awaited Section 503 (disability) and Section 4212 (protected veterans) regulations have finally been issued. Much fear and trepidation has been generated in the Federal Contractor community over the last few years over the possible impact of these new rules on the regulated community. Federal Contractors raised significant concerns about the prescriptive nature, the efficacy, and the burden hours of many of the prop...
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