Volume 3, Issue 10
The OFCCP Digest Local JobNetwork The OFCCP Digest Bill Osterndorf Cara Yates Crotty, Esq. Sandra Zeigler, Esq. Ahmed Younies John Fox, Esq.
The Value of Good Affirmative Action Plans
by Bill Osterndorf

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 significant changes, though, companies need to realize the importance of having good affirmative action plans. read more

Bill Osterndorf William A. Osterndorf is President and founder of HR Analytical Services and has been working with affirmative action/equal opportunity issues for the last 25 years in the public and private sectors. read more

Adverse Impact Analyses: Making Sure the Government Follows Its Own Regulations
by Cara Yates Crotty, Esq.

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 Limited Partnership, 2011-OFC-00006 (ALJ Aug. 5, 2013). read more

Cara Yates Crotty Cara Crotty, Esq. is a partner at Constangy, Brooks & Smith, LLP who has defended employers in cases involving every aspect of the employment relationship, including claims such as sexual, racial, age, and disability harassment; discrimination on the basis of race, read more

OFCCP's New "Model Conciliation Agreement for Compensation"
by Sandra Zeigler, Esq.

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. read more

Sandra Zeigler Sandra Scott Zeigler, Esq. is a recognized authority on Federal EEO enforcement with 25 years of experience divided equally between the EEOC and OFCCP. read more

OFCCP v. Medtronic Provides Federal Contractors/Subcontractors with a Learning Opportunity in Compensation Practices
by Ahmed Younies

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 same or similar jobs. read more

Ahmed Younies Ahmed Younies has built human resources infrastructures for small-size companies as well as for mid size to Fortune 500 companies. He has worked for the Office of Federal Contract Compliance Programs (OFCCP), enforcing compliance as a district director. read more

The Fox OFCCP Report: What It All Means: Where Is OFCCP Taking You: Carter to Clinton to Obama
by John C. Fox, Esq.

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 constructing on Director Rougeau's foundation. read more

John C. Fox, Esq. John C. Fox, Esq. is one of the most experienced trial lawyers in the United States defending companies in "bet-the-bank" and other substantial employment cases. Mr. Fox is the President and a Senior Partner of Fox, Wang & Morgan P.C. read more

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The OFCCP Digest is a complimentary resource for those who do business with the Federal government. Industry leaders throughout the country share their expertise on a range of topics including affirmative action, equal employment opportunity, and government compliance.

We hope you find the information in this newsletter helpful. To subscribe to The OFCCP Digest, send your email address to OFCCPDigest@localjobnetwork.com as well as your comments and feedback.

The opinions expressed in this newsletter are the opinions of the individual author(s) and do not necessarily reflect the opinions of the Local JobNetwork™. The information appearing in this newsletter is meant to provide the reader with a general understanding of topics relating to OFCCP compliance requirements and is not legal advice. If you are seeking legal advice to address OFCCP compliance issues or requirements, you should consult an attorney. The Local JobNetwork™ expressly disclaims all liability with respect to actions taken or not taken based on any or all of the contents of this newsletter.