Volume 1, Issue 1

The OFCCP Digest
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.
The Importance of Meaningful Applicant Dispositions
by William A. Osterndorf

Don't let this happen to you: a federal contractor goes into an affirmative action review with the U.S. Department of Labor's Office of Federal Contract Compliance Programs (OFCCP). OFCCP has questions concerning the percentage of male and female applicants who are hired, and requests a copy of the company's applicant log. The applicant log shows that most applicants either had a disposition of "hired" or "rejected." OFCCP asks the company to properly disposition all applicants. It has been some time since the applicants were originally considered, and the company no longer has information on what happened to all candidates. 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.

OFCCP Spotlight on Compensation
by Jeremy Mancheski

Should Federal contractors be proactively analyzing pay during this time of transition at OFCCP?

For more than a decade the Office of Federal Contract Compliance Programs (OFCCP) has been talking to the Federal contractor community about Pay Equity enforcement. OFCCP was giving presentations about how statistical analyses, particularly multiple regression, was going to become a part of regular audits at Industry Liaison Group (ILG) meetings around the country as early as 1999. In addition to public statements regarding pay equity analyses, the OFCCP published guidelines in 2006 explaining how the Department of Labor wanted contractors to utilize statistical analyses and how OFCCP was going to enforce their strategy to root out pay discrimination. read more

Jeremy Mancheski Jeremy Mancheski is a Principal with the affirmative action plan outsourcing firm OutSolve (www.outsolve-hr.com) based in New Orleans, LA. Currently, he works with a diverse, national client base including a variety of industries such as food service, transportation, and manufacturing with clients ranging in size from small startup firms to Fortune 500 corporations. His prior experience includes two other consulting firms whose primary focus was affirmative action planning and human resources related services and consulting.

OFCCP's Proposed Scheduling Letter Expands the Scope of Data Requested and Increases the Burden on Contractors
by Carmen N. Couden

Earlier this year, the Office of Federal Contract Compliance Programs (“OFCCP”) published a notice of its intent to revise the standard scheduling letter sent to contractors at the start of a compliance review. The proposed changes to the scheduling letter significantly increase the burden on contractors as the OFCCP’s proposed scheduling letter broadens the scope of data required to be supplied by the contractor during the early stages of a compliance review.

Specifically, some of the key changes to the scheduling letter (and attached itemized list) proposed by the OFCCP will require contractors to: read more

Jeremy Mancheski Carmen N. Couden is an associate with Foley & Lardner LLP. She is a member of the firm's Labor & Employment Practice and Automotive Industry Team. As part of her practice, Ms. Couden represents employers in investigatory proceedings before state agencies and in legal actions in federal and state court.

OFCCP FAQ Series: Functional Affirmative Action Program (FAAP)
by Carla Irwin

In June, the OFCCP released a new directive outlining updates to the FAAP process. According to Director Patricia Shiu, “the FAAP is back and is better than before.” Below are excerpts from the OFCCP’s Functional Affirmative Action Program (FAAP) FAQs. Click here to read the full version.

What is a Functional Affirmative Action Program?

Each covered non-construction contractor must develop and maintain an affirmative action program (AAP) in accordance with 41 CFR Part 60-2. read more

Carla Irwin Carla Irwin is the President of Carla Irwin & Associates, Inc. that specializes in Affirmative Action strategy, development, implementation, training and audit support for Federal Contractors.

Need Help with the Mandatory Job Listing Requirement?
by Jacquelyn Peterson

The Vietnam Era Veterans' Readjustment Assistance Act (VEVRAA) requires federal contractors and subcontractors to hire and promote covered veterans and prohibits discrimination against covered veterans.

Covered veterans were originally only Vietnam era veterans and special disabled veterans, but now include other protected veterans (veterans who served in a military campaign) and recently separated veterans. read more

Jacquelyn Peterson Jacquelyn Peterson is an OFCCP Consultant and Training Specialist with LocalJobNetwork.com. She has extensive experience helping employers with all aspects of recruiting and offers OFCCP government compliance solutions for small companies with limited budgets to complex organizations with multi-state locations.

OFCCP Affirmative Action

You are invited to attend this complimentary webinar on Friday, December 2nd at 10:00am CST. OFCCP's recent changes have employers wondering what they should be doing to comply in the areas of veteran and disability hiring. Join the Local JobNetwork™ team and Bill Osterndorf of HR Analytical Services as they explore the impact of OFCCP regulations on veteran and disability hiring. The one hour presentation is approved for one HRCI credit toward recertification of PHR, SPHR, or GPHR credentials. Relevant information will be shared with a live Q&A afterward to ask our experts questions.
Register Now! - Hurry, space is limited.