Why It Pays to Collect Data Beyond What OFCCP Requires
by Dr. Hossein Borhani - Apr, 2013
Some of the OFCCP’s decisions on whether a contractor has discriminated in its hiring decision making process are driven by the result of the gross calculation of hiring rates, availabilities, and impact ratio analyses that OFCCP conducts during the Desk Audit review period. Below, using a simple example, I show why gross calculations on aggregate data sometimes provide misleading results and conclusions. I will also discus...
by Sandra Zeigler, Esq. - Apr, 2013
The preservation of institutional knowledge can mean the difference between a finding of discrimination and a finding of no violation in an OFCCP audit. Institutional knowledge can tell you how and why a particular situation exists. For example, suppose Jennifer, a widget designer, is among the last hires in a down market 2010. The entire widget designer staff is shortly thereafter subject to a pay freeze and the company inst...
The OFCCP Digest Volume 3, Issue 3
by Local JobNetwork™ - Mar, 2013
Volume 3, Issue 3 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 Fox OFCCP Report
by John Fox, Esq. - Mar, 2013
March 2013 OFCCP's Great Compensation Discrimination Publicity Stunt of 2013: A Change without a Difference Amid great press fanfare, OFCCP reported February 26, 2013 via News Release and personal phone calls that it had released, effective February 28, 2013, the shackles the agency felt the Bush Administration had placed on the agency in 2006 and which had prevented OFCCP for the la...
OFCCP Directive 306: Complying with Nondiscrimination Provisions
by Beth Ronnenburg, SPHR - Mar, 2013
Criminal Record Restrictions and Discrimination Based on Race and National Origin Directive 306 titled “Complying with Nondiscrimination Provisions: Criminal Record Restrictions and Discrimination Based on Race and National Origin” was signed on January 29, 2013 by Director Patricia Shiu and is effective immediately. This Directive provides information on a Training and Employment Guidance Letter (TEGL) issued by DOL’s Empl...
The Ugly Truth About Diversity Recruiting Sources
by Debra Milstein Gardner - Mar, 2013
The ugly truth about diversity 1 recruiting sources is that they are not successful in providing qualified candidates to most federal contractors. OFCCP statistics have revealed that in the past several years that the most prevalent deficiency cited in conciliation agreements (CA) is outreach, recruitment and recordkeeping. In FY2011, outreach and recruitment accounted for 59.9% of the violations, whereas recordkeeping and s...
Everyone’s Protected: The Evolution of Affirmative Action
by Ahmed Younies - Mar, 2013
The term “affirmative action” has gotten stuck in its earliest conception in the minds of many, and has not been allowed to grow up to reflect its current meaning. The early debates over affirmative action, focused upon non-male, non-Caucasian minorities, gradually gave way – through a combination of factors – to a more equitable definition. In fact, it can be said that the implementation of affirmative action through agenci...
The EEO Implications of Using Arrest and Conviction Records
by Sandra Zeigler, Esq. - Mar, 2013
Both the EEOC and the OFCCP have published updated guidance on the use of arrest and conviction records in the hiring process. On January 29, 2013, the OFCCP issued a policy guidance entitled, "Complying with Nondiscrimination Provisions: Criminal Record Restrictions and Discrimination Based on Race and National Origin." This policy guidance followed and essentially adopted the guidance issued by the Equal Employment Opportuni...
The OFCCP Digest Volume 3, Issue 2
by Local JobNetwork™ - Feb, 2013
Volume 3, Issue 2 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 Fox OFCCP Report
by John Fox, Esq. - Feb, 2013
February 2013 OFCCP’s New Use of Publicity and Press Releases: New Sheriff, New Rules and New End Objectives First, you should know that media policy is governed by the Secretary of Labor’s Press Officer, and not by the individual agencies within the U.S. Department of Labor. So, the rules could change again with the President’s appointment of, and the Senate’s confirmation of, a new...
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