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  • Do the Supreme Court’s Holdings in <i>Wal-Mart Stores, Inc. v. Dukes</i> Apply to OFCCP? (Part 2)
    by Bill Doyle - March 19, 2019
    As we discussed in the introductory article in this series, OFCCP has argued that certain of the Supreme Court's pattern or practice holdings in Wal-Mart Stores, Inc. v. Dukes, 564 U.S. 338 (2011), do not apply because the Agency is arguably not subject to the Rule 23 requirement of demonstrating that 'there are questions of law or fact common to the class.' OFCCP's argument is that the pertinent holdings of Dukes a...
  • Hires, Promotions and Terminations – Counting the Right Numbers …Compiling Data in Answer to Question 18 in OFCCP’s
    by Ellen Shong-Bergman - March 19, 2019
    This article is prompted by two recent questions received on LocalJobNetwork's 'Ask the Experts' online forum. Space there doesn't permit the sort of information that this rather complicated issue demands, hence this article which will address a number of important questions other readers might also have. For example, one question queried whether to capture the data on an internal selection as a 'hire' – the p...
  • On Tap at OFCCP:  Posting of CSALs and Focused Reviews
    by Heather Miller, Cara Crotty - March 19, 2019
    Coffee, Check! Keys, Check! On the OFCCP CSAL List? Check Online! Get ready to have a legitimate business-related reason to increase your screen time! On February 22, 2019, the Office of Federal Contract Compliance Programs announced by email bulletin that the agency will post the next round of Corporate Scheduling Announcement Letters online — instead of mailing the letters, as it has done for years. In fact, as con...
  • The Forgotten Regulations
    by Bill Osterndorf - March 19, 2019
    The last five years have been a time of monumental change for the U.S. Department of Labor's Office of Federal Contract Compliance Programs (OFCCP). Five major regulatory changes to the federal affirmative action regulations went into effect between 2014 and 2016, and 13 new directives have been issued since February of 2018. We have never seen a period at OFCCP when so many new initiatives have been announced and so ma...
  • The OFCCP Digest Volume 9, Issue 3
    by LocalJobNetwork™ - March 19, 2019
    96 The OFCCP Digest is a complimentary resource for federal contractors on topics of Affirmative Action, EEO, and government compliance....
  • Five-year Anniversary of Section 503
    by Keli Wilson, David Cohen - February 15, 2019
    The five-year anniversary of the revised Section 503 of the Rehabilitation Act (503) regulations is fast approaching. This anniversary will allow for profound reflection by contractors on their progress made to attract, select, advance and retain individuals with disabilities in the workplace. It is an opportune time for contractors to monitor progress, highlight effective outreach initiatives and programs, as well as begin...
  • Guidance on “Unknowns” in the Workforce May Soon be Available
    by Marilynn L. Schuyler - February 15, 2019
    The Dilemma When we ask our employees to voluntarily report their race, ethnicity, and gender, we will almost always end up with a small proportion of the population who choose not to provide such demographic information. There are any number of reasons for this. For a growing percentage of the population, the binary options of male or female do not resonate with them. And while the race categories now include “two o...
  • Keeping Up with the Recordkeeping Requirements for an OFCCP Audit
    by Raven Applebaum - February 15, 2019
    Recordkeeping violations continue to be the top violation during an OFCCP audit. These voluminous, and often cumbersome, requirements are intended to promote equal opportunity during a company’s hiring process. They can also promote confusion among unsuspecting employers, making them an easy target during an audit. To understand how such violations occur, and to prevent them from occurring, contractors first need to k...
  • The OFCCP Digest Volume 9, Issue 2
    by LocalJobNetwork™ - February 15, 2019
    96 The OFCCP Digest is a complimentary resource for federal contractors on topics of Affirmative Action, EEO, and government compliance....
  • Another One Bites the Dust – Saying Goodbye to 2018
    by Cindy Karrow - January 25, 2019
    2018 was a very busy year for federal contractors. Before we get too deep into 2019, let’s take a stroll through some of the highlights and what can be done to prepare for another busy year. CSAL Letters and Scheduling Letters Corporate Scheduling Announcement Letters (CSAL) were sent to contractors twice in 2018. OFCCP has been busy scheduling compliance reviews from both lists. To find out if your organizatio...