|Volume 2, Issue 5
|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.
| What does it really mean to be an Affirmative Action Employer?
by Terri Swain
It never fails in our office. The frantic phone call because a Department of Labor Office of Federal Contract Compliance Programs (OFCCP) audit letter shows up on a desk, two weeks after sitting on the President's desk, with the yellow sticky note "please handle." Before fear and panic set in, here are some pointers for keeping ahead of the scary audit letter. read more
|Terri Swain brings a well-rounded perspective to her role as a human resource consultant, with experience as a human resources generalist as well as an equal employment opportunity/affirmative action specialist. read more
| The Puzzle of Disability
by Bill Osterndorf
In the last few years, there have been dramatic changes to the focus points at the U.S. Department of Labor's Office of Federal Contract Compliance Programs (OFCCP). While for many years, OFCCP had little interest in issues concerning veterans and persons with disabilities, these groups are now at the forefront of OFCCP's efforts. We know this is true in part because of the proposed regulations regarding veterans that were released in April of 2011 and the proposed regulations regarding persons with disabilities that were released in December of 2011. read more
| 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
|OFCCP Enforcement Issues: Ready or Not Here It Comes!!
by Sandra Zeigler, Esq.
On April 18, 2012, the subcommittee on Health, Employment, Labor and Pensions of the Committee on Education and the Workforce held a hearing on the potential impact of the Office of Federal Contract Compliance Programs' regulatory and enforcement actions. The areas covered included the proposed Section 503 (disability), Section 4212 (protected veterans) and Compensation data elements of the proposed revised scheduling letter and proposed Compensation rule among other things. read more
| 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
|The Fox OFCCP Report
by John C. Fox, Esq.
OFCCP v. Frito-Lay, Inc., ARB Case No. 10-132 (May 8, 2012), Appeal to Federal District Court coming
ISSUE: "This case involves the question whether *** OFCCP has authority to request certain data relating to *** Frito-Lay, Inc's *** AAP as part of a 2007 Desk Audit."
| 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
|Recap from the OFCCP's Webinar: Status of Pending Compliance Evaluations of Entities that Participate in TRICARE Networks
by Jacquelyn Peterson
On April 25, 2012, the OFCCP announced that it rescinded its Directive 293, which is the OFCCP policy that determines if healthcare providers and insurers who use TRICARE are covered contractors or subcontractors. It was rescinded due to recent changes in the healthcare industry and pending litigation; such as, the OFCCP vs. Florida Hospital of Orlando. read more
| Jacquelyn Peterson is an OFCCP and Project Management Consultant 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. read more
In September of 2011, the U.S. Department of Labor's Office of Federal Contract Compliance Programs (OFCCP) published a final revised version of the letter that opens an affirmative action compliance review (know as a scheduling letter) and the itemized listing that accompanies the scheduling letter. These revisions would provide extensive additional information to OFCCP at the start of a compliance review.
These revisions have been under consideration by the Office of Management and Budget (OMB) since September, and OMB has so far prevented OFCCP from moving forward with its proposed revisions. The scheduling letter and itemized listing OFCCP has been using originally expired at the end of September 2011, and OMB has been issuing a month-by-month extension to that letter.
The current extension is set to expire on May 31, 2012. While OFCCP insists that the revised scheduling letter and itemized listing will eventually be approved, there appears to be no clear date when this will happen. For more information on the revisions to the scheduling letter and itemized listing, visit the HR Analytical Services website at http://www.hranalytical.com/news_finalslli.html.
- Bill Osterndorf
Due to overwhelming demand and positive feedback from attendees, this complimentary webinar is being offered again.
The workplace is changing and companies are serving more diverse populations. Employers need to find effective ways to reach diverse and non-traditional candidates. Join the Local JobNetwork™ team and Bill Osterndorf of HR Analytical Services as they explore the impact of OFCCP regulations on a changing workforce and a changing regulatory environment. 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.
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.