The OFCCP's Proposed Regulations on Sex Discrimination and What They Mean for Contractors
by Carmen Couden, Esq. - Mar, 2015
On January 30, 2015, the Office of Federal Contract Compliance Programs (“OFCCP”) published its proposed rule regarding updates to the current guidelines governing discrimination on the basis of sex. According to the OFCCP, the proposed changes will not actually change existing requirements for federal contractors but will, instead, replace the current sex discrimination guidelines (which have not been updated since they we...
A Quick Look at the OFCCP’s Enforcement Data for Fiscal Year 2010 to 2015 – Part II
by Dr. Hossein Borhani - Mar, 2015
In the previous part of this article (Part I), I reviewed some of the enforcement data the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) has made available to the public. The data can be accessed here. It is provided in two parts; one dataset that consists of closed Compliance Evaluations and another dataset called Compliant Investigations data. I provided some information about the first...
Choosing an Affirmative Action Plan Structure
by Chris Lindholm - Mar, 2015
Introduction In a time of changing laws and a pervasive fear of OFCCP audits, it is always a good idea to make sure that people have a good understanding of the basics in compliance and how internal decisions affect Federal contractors. For decades contractors have told me that when it comes to affirmative action “A plan is a plan is a plan,” meaning they are basically cookie-cutter reports and all AAPs are basically the same...
Tips on Responding to New Scheduling Letter and Itemized Listing
by Bill Osterndorf - Mar, 2015
When the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) begins an affirmative action compliance review, it sends the organization subject to the review a letter that requests various types of information. This letter is referred to as a “scheduling letter.” The scheduling letter includes an itemized listing of specific information that OFCCP expects will be included when information is subm...
The OFCCP Digest Volume 5, Issue 2
by Local JobNetwork™ - Feb, 2015
Which Direction will the OFCCP Steer its Theory of Steering? by Soul Cherradi Many things have been written and debated in 2014 about the OFCCP’s (Office of Federal Contract Compliance Programs) renewed interest in the “theory of steering” that the agency re-introduced in Directiv...
Which Direction will the OFCCP Steer its Theory of Steering?
by Soul Cherradi - Feb, 2015
Many things have been written and debated in 2014 about the OFCCP’s (Office of Federal Contract Compliance Programs) renewed interest in the “theory of steering” that the agency re-introduced in Directive 307. While the OFCCP critics have accepted that the theory of steering is adequate for selection claims, they continue to consider its application to compensation claims as inappropriate at best. Nevertheless, the OFCCP was...
The Unknown Problem
by Marilynn L. Schuyler - Feb, 2015
The “unknown problem” is actually very familiar to anyone who analyzes applicant data. So, it’s not really “unknown” at all. But the problem is much broader than one might imagine, and has implications that ripple through several analyses in your Affirmative Action Plan. Unknown Race and/or Gender Status in Applicant Data I have never seen an applicant data set that didn’t have several fields left blank or marked as...
Understanding OFCCP’s Political Agenda
by Bill Osterndorf - Feb, 2015
Several years ago, I wrote an article for The OFCCP Digest entitled “What Does OFCCP Want?” The central premise of that article was that the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) has certain defined expectations for federal contractors and subcontractors. With all the additional changes that have occurred involving OFCCP over the last few years, this appears to be a good time to...
President Obama and the OFCCP: 2014 in Review – Part II
by Ahmed Younies - Feb, 2015
In Part I of this post we examined the close connection between the OFCCP’s focus on pay equity and the hiring of veterans and individuals with disabilities (IWDs) in 2014 and President Obama’s agenda. We continue here by comparing the President’s agenda and actions regarding LGBT workers and other, more general workers’ rights issues with those of the OFCCP during 2014. LGBT Workers President Obama: The President has...
Eight Ways to Survive an OFCCP Audit
by Cindy Karrow, SPHR - Feb, 2015
The key to surviving a compliance review, or audit, is in preparing the AAP—way before the scheduling letter is received. Remember, a compliance review focuses on the activity from the 12 months prior to the development of the current AAP. So audit survival starts with not forgetting the past. Here are eight ways to do just that: Develop your AAP on time and accurately! Scrub your data before your AAP is developed, and ch...
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