Decades ago, long before employers used the Internet for recruiting, employers used to advertise job vacancies in the newspaper. The OFCCP knows this because its current sex discrimination guidelines reference the old newspaper way of recruiting. The current version of OFCCP’s regulations state:
Advertisement in newspapers and other media for employment must not express a sex preference unless sex is a bona fide oc...
This article discusses the trend by electronic applicant tracking systems to permit recruiters greater flexibility in moving applicants, who applied under one requisition, into a different requisition, so that the applicant may be considered for the same job at a later date or for other roles besides the one to which he or she applied. We disfavor that trend for government contractor employers subject to OFCCP's juris...
Regardless of where the Trump Administration takes the OFCCP, it seems likely that meaningful outreach for veterans and individuals with disabilities will remain a priority. Government contractors need to be mindful of what the regulations require as to the assessment of that outreach, what proof OFCCP is likely to ask for in an audit, and how contractors can meet these obligations.
Background and Introduction of Assessm...
Raising the Stakes in Compliance Reviews and Complicating Conciliation Efforts
The vast majority of contractors that have been cited by OFCCP for violations involving discrimination have been willing to enter into voluntary conciliation agreements to resolve their compliance reviews. OFCCP’s statistics bear that out. Out of thousands of compliance reviews every year, most of them are resolved with a Notice of Com...
In the last issue, LocalJobNetwork.com highlighted the Executive Order 13673, known as the Fair Pay and Safe Workplaces Executive Order, which President Obama released on July 31, 2014. On May 28, 2015, pursuant to this Executive Order, the Federal Acquisition Regulatory (FAR) Council issued a Notice of Proposed Rulemaking (NPRM). The Department of Labor (DOL) supplemented the proposed rule with its guidance (“DOL Gui...
On July 31, 2014, President Obama released Executive Order 13673, known as the Fair Pay and Safe Workplaces Executive Order. The theme of the Executive Order is that when the U.S. federal government is going to use taxpayer dollars to buy goods and services from government contractor companies, the taxpayers’ dollars should not be used to buy from companies that engage in repeated, pervasive, serious or willful violat...
On Wednesday July 2, 2014, The Washington Post ran an article about the pay gap between men and women working in the White House. According to The Post, “[t]he average male White House employee currently earns about $88,600, while the average female White House employee earns about $78,400, according to White House data released Tuesday [July 1, 2014]. That is a gap of 13 percent.” Or, said differently, women earn $0.87,...
On April 18, 2012, I had the honor of testifying before the U.S. House of Representatives' Subcommittee on Health, Employment, Labor and Pensions about various OFCCP-related issues. I have to say that it was one of the highlights of my career so far. It was a lot of work to prepare for the hearing, but I would gladly do it again, if invited.
The genesis for my testimony began in February 2012 when the U.S. Chamber o...
OFCCP has proposed extensive new requirements for government contractors in an effort to promote the employment of qualified individuals with disabilities in the workplace. If the past is any indication of lead time, contractors typically are afforded 60 or 90 days in which to put in place the mechanisms for compliance once the regulations are published in their final form. Comments to OFCCP’s proposed rule are due no...