Volume 4, Issue 1
The OFCCP Digest Local JobNetwork The OFCCP Digest Bill Osterndorf Sandra Zeigler, Esq. Ahmed Younies Debra Milstein Gardner Cara Y. Crotty, Esq.
Is the OFCCP Just Making Things Up As It Goes Along?
by Cara Yates Crotty, Esq.

The Office of Federal Contract Compliance Programs issued its revised regulations implementing Section 503 of the Rehabilitation Act and the Vietnam Era Veterans' Readjustment Assistance Act on September 24, 2013. Since then, contractors have had more questions than answers. What is troubling is the OFCCP's apparent failure to think through many of the obvious issues now facing contractors, and instead of incorporating answers to these questions in the regulations before issuance, the OFCCP is now "regulating by fiat" or through its informal guidance. 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 read more

Affirmative Action by Default - Achievements without Trying
by Debra Milstein Gardner

Affirmative Action (AA) has been around for more than 60 years and it has been demonstrated that there have been advancements in the employment of minorities and women associated with affirmative action. Therefore we might argue that, YES, affirmative action is taking place and we are seeing women and minorities make headway in the workforce. HOWEVER, it is unclear whether the contractor's AA efforts are influencing these successes or if they are the result of changes in the workforce and society. The research and statistics suggest that minorities read more

Debra Milstein Gardner Debra Milstein Gardner founded Workplace Dynamics LLC as a women-owned and operated human resources consulting firm in 1990. Debra has 33 years of experience gained while working in the public and private sectors read more

Algorithm of the OFCCP Enforcement Trend - Part 1 of 3
by Ahmed Younies

This first part of three, addresses the enforcement practices in 2013 and what it means for 2014. Let's begin with some of the highlights from 2013 that give us an idea of what makes the OFCCP tick:

The OFCCP in general has focused on what it calls "systemic discrimination", in selection and hiring and particularly paid attention in 2013 to non-traditional victims. Goodwill Industries of Southern California settled for $130,970 in back wages and made 18 job offers to 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

Contract Compliance in the Context of Transgender Discrimination
by Sandra Zeigler, Esq.

I recently received, from former OFCCP colleagues, a copy of an article posted on Buzzfeed.com on December 4, 2013. The headline read, "Federal Official Refuses to Say Whether Office is Protecting Trans Workers." Apparently, the only response the agency was willing to offer was a reiteration that, "OFCCP follows Title VII precedent in everything." The purpose of this article is to shed some light on what that response may actually mean for Federal Contractors.

The question arose because of an April 2012 decision by the 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. She was only the third OFCCP Executive to receive a Presidential Rank Award and the first female and first read more

Preparing for the Revised Veterans and Disability Regulations - What's Due on March 24
by Bill Osterndorf

Federal contractors and subcontractors across the United States are preparing to implement revised regulations issued by the U.S. Department of Labor's Office of Federal Contract Compliance Programs (OFCCP) in regard to protected veterans and individuals with disabilities. These revised regulations were issued on September 24, 2013. Some of the requirements in these revised regulations must be implemented by March 24, 2014, while other requirements must be implemented when companies next update their affirmative action plans for veterans and individuals 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. Bill specializes in developing read more

OFCCP Compliance Webinar

OFCCP Regulatory AgendaThe Office of Federal Contract Compliance Programs (OFCCP) released its Section 503 self-identification form. Federal contractors are required to use it for inquiring about disability status.

According to the OFCCP's FAQs, contractors may create an electronically fillable version of the form if it includes:

  • The Office of Management and Budget (OMB) number and expiration date;
  • The text of the form without alteration;
  • A sans-serif font, such as Calibri or Arial; and
  • At least 11-pitch for font size (with the exception of the footnote and burden statement, which must be at least 10-pitch in size)
For additional information regarding the final rule of Section 503 of the Rehabilitation Act, read more.

OFCCP Compliance Webinar OFCCP Compliance Webinar

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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.