The OFCCP Digest Volume 7, Issue 11

Happy Holidays and Best Wishes for 2018

Wishing you all the joys of the holiday season and happiness throughout the coming year! We sincerely thank all of our authors and readers for continuing to make The OFCCP Digest a valuable resource. We look forward to reconnecting with you in January 2018 when our next issue arrives.

OFCCP and the Rule of Law Topic: OFCCP
Implementing affirmative action programs and complying with OFCCP requirements are intensely practical matters for those charged with these responsibilities. It may seem that abstract questions about the Rule of Law are far afield from such practical concerns...more
	Bill Doyle, Esq. Partner, McGuireWoods LLP

The Year in Review at OFCCP 2017: What DIDN’T Happen at OFCCP Topic: OFCCP
Many of us working in the affirmative action field had expected that 2017 might be a year of significant change at the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP). Instead, the year was striking for the number of things that did not...more
	Bill Osterndorf President and Founder, HR Analytical Services

States and Localities Step into the Breach on Pay Equity: New and Proposed Prohibitions on the Disclosure of Salary History Topic: Compensation
It is a well-known political axiom – and unfortunate reality – that women continue to earn, on average, 79 cents for every dollar earned by men. As federal efforts to address equal pay issues continue to stall, states and localities have stepped into the breach to take meaningful...more
	Connie Bertram, Esq. Partner, Proskauer	Emilie Adams, Esq. Associate, Proskauer

Exploring External Availability Data Beyond the Census 2006-2010 ACS File Topic: AAP
The Availability Analysis is a critical element of an Affirmative Action Plan (AAP) since, by its very definition, it determines the “qualified labor pool” from which the contractor will be selecting to fill open positions. Those availability results, then, have a direct impact on the outreach...more
	Michael Pati EEO Consultant, Practice Manager, Biddle Consulting Group, Inc.	Marife Ramos, PHR, SHRM-CP Director of Operations/Senior Consultant, Biddle Consulting Group, Inc.

Former Marine Has Five Good Reasons Why Employers Should Hire Veterans Topic: Veterans
The Bureau of Labor Statistics reports that as of the end of 2016, the Veteran unemployment rate was 4.3 percent. This means that 460,000 of today's Veterans are living in the United States without jobs. Although this statistic has steadily decreased over the past several years...more
Ben Murphy Founder, HandyVets, Inc.

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: Disability Self-Identify Forms

We are in the process of re-surveying our employees and using the Self-Identify form as required. However, because the form is two pages, we are getting forms back with only page one and NOT page two. It’s most likely because they self-identify with not having a disability, so no request for an accommodation was made. Is this acceptable to only have page one on file or should we go back and require each person to submit page two? I ask because the form is voluntary, we can prove that they were given both pages, and that they then chose to only provide page one.

Answered by Lisa Kaiser from The Kaiser Law Group, PLLC:

You're right, the form is voluntary, but in the event of an audit, it may be difficult to show compliance if many of the forms are incomplete. Where possible, the best practice is to obtain the second page to ensure the company can show evidence that it is fulfilling its obligations.

Craig Leen Expected to be Named New OFCCP Director

The Department of Labor (DOL) has not made a formal announcement, but sources have indicated attorney Craig Leen will soon become the new Director of the OFCCP, taking over for interim Director Tom Dowd. Leen’s appointment would fill the void left by Patricia Shiu, who stepped down in November 2016 after seven years in the position. Leen is currently the City Attorney for Coral Gables, Florida and has been an adjunct professor at Florida International University (FIU) College of Law. Secretary of Labor Alexander Acosta, who Leen would report to, was the Dean at FIU’s College of Law.

HIRE Vets Medallion Program to Recognize Commitment to Veteran Hiring

Starting in 2018, the Department of Labor (DOL) will implement the Honoring Investments in Recruiting and Employing American Military Veterans Act, known as the HIRE Vets Act. This Final Rule was signed by President Trump in May, establishing a HIRE Vets Medallion Program to acknowledge companies dedicated to recruiting and employing veterans. Organizations of all sizes can demonstrate their commitment to veterans during the upcoming year to qualify for a 2019 HIRE Vets Medallion Award. Companies can sign up here to get updated information.

Read more DOL Highlights throughout the month for timely updates.

Contact Us
The OFCCP Digest is a complimentary resource featuring affirmative action, equal employment opportunity, and government compliance topics. Previous editions are available for easy reference on The OFCCP Digest Archives page. To subscribe or to provide feedback, email OFCCPDigest@LocalJobNetwork.com.

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.