The Trump Administration's Office of Federal Contract Compliance Programs (OFCCP) and its Director, Craig Leen, have recently resurrected the Compliance Check – what's known in some circles as a compliance evaluation "light." A Compliance Check is a tool that OFCCP asserts it will use...more
"Equal Pay" is everywhere. In recent months, several states have passed legislation around pay equity, creating a patchwork of legal obligations for multi-state employers. Government agencies are increasingly focused on unearthing pay discrimination. Employers of all sizes and in all...more
In the prior articles in this series, we concluded that the Supreme Court's pattern or practice holdings in Wal-Mart Stores, Inc. v. Dukes, 564 U.S. 338 (2011), provide important guardrails applicable to OFCCP enforcement actions related to the merits of disparate impact claims and claims of a...more
The Job Accommodation Network (JAN) is a free consulting service for workplace accommodations and compliance with the employment provisions of the Americans with Disabilities Act (ADA). Last year we provided consulting services to over 47,000 customers, mainly employers and...more
Ask the Experts is an online forum where federal contractors and subcontractors are invited to submit questions to industry experts related to OFCCP compliance, affirmative action planning, and equal employment opportunity. Simply register your company on LocalJobNetwork.com to submit a question. Questions and answers will occasionally be featured in The OFCCP Digest for the benefit of all readers.
Question: Required to Have a Form on File for Each Employee?
We provide the disability self-identification form to all new hires via our HRIS. So far, every new employee has completed it - whether they answered yes, no or prefer not to answer. In the future, if someone does not complete it, do we need to keep following up with them until they complete it? Or is it enough that we can show we asked them to complete it and they declined?
Further, when we send the communication to resurvey every 5 years, can I assume we do not need to collect a new form from each employee? We are just giving them the option to complete a new one if they wish?
As you are probably aware, the regulations emphasize that contractors may not compel or coerce individuals to self-identify, and that contractors must keep all self-identification information confidential. However... (read more)
Question: Affirmative Action Plan upon Request to the Public?
We recently had a request from a certain minority group to provide the number of employees we employ of a certain ethnic background in certain positions within our organization.
I understand that we are required to make available for inspection the AAPs for IWDs and Protected Vets for applicants and employees? I don't see anywhere in the regulations that says it is for the public or to disclose ethnicity of a certain job group? Can you give us some guidance or best practice?
It is accurate that if you are covered by the affirmative action law for individuals with disabilities, you must make all parts of that AAP except the data components available for review to applicants or employees. It is also accurate that... (read more)
(ILG) National Conference, "Shifting Gears in a Fast-Changing World," will be held in Milwaukee, Wisconsin from July 30-August 2, 2019. The conference agenda will cover multiple Areas of Growth (AOG) organized along affirmative action and EEO functional areas: Changing World, Compensation, Diversity & Inclusion, Nuts & Bolts, OFCCP, Outreach, Regulatory Compliance, and more.
Save $100 on this exciting and valuable experience when you register before June 30th!
First OFCCP Opinion Letter Released
OFCCP recently issued its first Opinion Letter as part of its effort to assist contractors and answer questions, as noted by Directive 2018-08. This initial letter is titled, "OFCCP's Jurisdiction Related to Pell Grants." It states that a college receiving a Pell Grant is not subject to AAP requirements as it is not considered a "government contract." As OFCCP adds more Opinion Letters, you can find them on this dedicated page of the OFCCP website.
OFCCP Deputy Director Leaves Agency to Join BLS
Marika Litras has stepped down as Deputy Director of OFCCP and taken a position with the Bureau of Labor Statistics (BLS). Litras spent nearly three years in charge of enforcement at OFCCP and has served as Deputy Director since January. In her place, Melissa Speer has been appointed as Acting Deputy Director for Regional Operations and Kelley Smith as Acting Deputy Director for National Operations.
Updates to Mandatory Notification of Employee Rights Poster for Federal Contractors
The DOL has made changes to the mandatory poster federal contractors and subcontractors must display in compliance with Executive Order 13496: Notification of Employee Rights Under Federal Labor Law. These updates include a new phone number for the National Labor Relations Board (NLRB) and contact information for the Federal Relay Service to assist individuals who are deaf or hard of hearing. Contractors and subcontractors must ensure the updated notice is posted in a prominent location and can be readily seen by employees covered by the National Labor Relations Act (NLRA).
OFCCP Proposes New Rule on Employment Discrimination
The DOL recently released its spring 2019 Regulatory Agenda and includes a Notice of Proposed Rulemaking (NPRM) for "Procedures to Resolve Potential Employment Discrimination" to implement provisions for ensuring affirmative action and nondiscrimination through OFCCP's regulations. The proposal is planned for September 2019 with the goal of increasing "clarity and certainty for OFCCP stakeholders and enhance the agency's efficiency in remedying employment discrimination."
Janet Dhillon Officially Sworn In as Chair of EEOC
On May 15th, Janet L. Dhillon (R) officially took her seat as the 16th Chair of the Equal Employment Opportunity Commission (EEOC). Dhillon, who was nominated by President Trump in June of 2017, takes over for Acting Chair, Victoria A. Lipnic (R). Dhillon's career as an attorney spans more than 25 years in the private sector, including roles as Executive Vice President, General Counsel, and Corporate Secretary for multiple organizations. With Charlotte A. Burrows (D) and Lipnic remaining on as commissioners, Dhillon gives EEOC a three-person quorum, allowing it to formally file lawsuits, undertake rulemaking, and proceed with matters previously put on hold. Dhillon's term will end on July 1, 2022.
The opinions expressed in this newsletter are the opinions of the individual author(s) and do not necessarily reflect the opinions of LocalJobNetwork™. 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. LocalJobNetwork™ expressly disclaims all liability with respect to actions taken or not taken based on any or all of the contents of this newsletter.