News


Town Hall Action Plan

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Last September, the OFCCP conducted a number of Town Hall Meetings where participants provided feedback and insight on compliance assistance and contractor engagement related issues.  The agency identified three focus areas around training, communication, and trust.  From these focus areas, the OFCCP developed three initiatives:   Review and enhance contractor compliance assistance materials. Assess and improve the quality of contractor and compliance officer training and education. Increase transparency and communication with agency stakeholders.   To address these initiatives, the agency created specific actions and deliverables including the replacement of outdated technical assistance guides with new guides for supply & service contractors, construction contractors, and academic institutions.  They also plan to standardize the procedures for the development of training courses or updating agency guidance. In order to increase transparency and communication, the agency has instituted the use of Predetermination Notices (PDN) in compliance reviews.  A PDN will be issued when the agency believes discrimination findings may exist and according to the OFCCP, the use of the PDN “encourages communication with contractors and provides them an opportunity to respond to preliminary findings prior to OFCCP deciding to issue a “Notice of Violation (NOV).”  The agency also plans to develop standards contractors can expect when engaging with the OFCCP.  Finally, the OFCCP will leverage technologies to open communication between contractors and the agency.   We will keep you updated as these plans start to...

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New VEVRAA Regulations from Department of Labor

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The Department of Labor & OFCCP updated the annual national hiring benchmark for protected veterans to 6.4 percent from 6.7 percent.  VEVRAA regulations require federal contractors to establish a hiring benchmark for protected veterans in order to assess the effectiveness of their outreach and recruitment efforts.  The regulations allows contractors to either calculate a benchmark using OFCCP’s guidelines or adopt the national benchmark provided by the agency.   The Vietnam Era Veterans’ Readjustment Assistance Act (VEVRAA) Benchmark Database can be found here: ...

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New Round of OFCCP Scheduling Letters Sent

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The U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) has sent a new round of pre-audit letters to 1,000 individual locations and facilities of federal contractors and subcontractors. This letter puts contractors on notice that their locations can anticipate an Audit Letter in the future. These were all sent to the facility directly, rather than to any corporate headquarters.   Please note that this first letter is NOT the actual Audit Scheduling Letter. It does not require any response by your organization.   We recommend checking your mailbox (and your company’s mail room) to see if your location has received a letter from the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP).  Most likely it will be addressed to “Human Resources Director”.   If you receive this letter, here’s what we recommend…   If your location is part of a multi-location employer, notify the person in charge of AAP compliance at the corporate level. These letters appear to be in place of notifying a corporate representative about all the locations where audits are planned.   If you are the corporate contact for multiple locations, we recommend alerting each facility’s local HR representative to be on the lookout for such a letter.   Please contact us at Human Resource Specialties right away to ensure that your organization has a current AAP and is prepared to respond.  Audit support is included in our annual affirmative action services to your organization.   As always, we welcome your...

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Recent Change at The OFCCP

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Ondray T. Harris is the new Office of Federal Contract Compliance Programs (OFCCP) Director.  Prior to his appointment, Mr. Harris served as a senior advisor at the Department of Labor in the Employment Training Administration.  His experience includes a number of legal consultant and advisory roles.  Under President George W. Bush, he served as the Director of the Community Relations Service at the Department of Justice (DOJ).  His legal background also includes serving as the Deputy Chief of the Employment Litigation Section of the Civil Rights Division at the DOJ. Prior to that, Mr. Harris was a partner at LeClair Ryan and an Assistant Attorney General for the Commonwealth of Virginia.   Earlier we announced that Craig Leen was to be named as the new OFCCP Director.  He will instead serve as a senior advisor to the...

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Meet Your New OFCCP Director…

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Craig Leen has been appointed as the new OFCCP Director. He replaces interim Director, Tom Dowd, who has been in the role since Patricia Shiu resigned in November of 2016. Mr. Leen has a legal background serving as the City Attorney and Chief Legal Officer for the City of Coral Gables since 2011. He received his Juris Doctor from Columbia Law School in 2000 and also serves as a volunteer adjunct professor for the University of Miami School of Law. We are closely monitoring his transition into his new role and will provide any significant updates as they...

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Significant New EEO-1 Development

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In July of 2016, we reported on the EEOC’s revision to the proposed EEO-1 pay data collection report.  The EEOC announced yesterday that the report requirement (Component 2) is currently postponed indefinitely.  The requirement would have required employers to report the number of employees that fall into each of the “pay bands” within each EEO-1 category.  In addition to the employee counts, employers would have also reported the total number of hours worked by those employees.   The EEOC confirmed in their statement yesterday that the previously approved form that collects race, ethnicity and gender data by occupational category will remain in effect. The EEOC plans to release additional information in the future.   At this time, employers should plan to use the earlier approved EEO-1 (Component 1) and plan to file by March 31, 2018.  There is no September 2017 filing due.   We will post additional information as it becomes available. As always, if you have any questions, please do not hesitate to contact...

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Fall 2017 Webinars

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“Tuesday Topics” focus in depth on a particular AAP-related topic. They are designed especially for HR professionals and open to clients and the HR profession. Tuesday programs are complimentary to current clients and their attorneys.  The non-client fee is $95.00 per session.   “Specialized Programs” are designed to provide AAP-related insights and perspectives, and are suitable for both HR professionals and managers and supervisors.  Wednesday programs are complimentary for clients and their attorneys. The non-client fee is $95.00 per session.   Sandy Henderson and other members of the HR Specialties team facilitate all sessions, which typically include handouts and ample time for questions and discussion.   For registration links for the schedule below, please contact us at info@hrspecialties.com   Tuesday Topic Schedule: Tuesday, September 19, 2017   9:00 AM – 10:00 AM PT New Challenges: Obtaining Accurate Employee & Applicant Self-ID   Tuesday, October 24, 2017   9:00 AM – 10:00 AM PT Overview of EEO & AAP Requirements and Compliance   Tuesday, November 14, 2017   9:00 AM – 10:00 AM PT Applicant Tracking & Disposition and EEOC’s Internet Applicant Guidelines   Tuesday, December 12, 2017   9:00 AM – 10:00 AM PT Annual AAP Renewal: Providing Annual AAP Data to HR Specialties     Specialized Program Schedule: Wednesday, September 20, 2017   9:00 AM – 10:30 AM PT Investigating & Resolving Adverse Impact Results in an AAP   Wednesday, October 25, 2017   9:00 AM – 10:30 AM PT A Guided Tour of the AAP Narratives   Wednesday, November 15, 2017   9:00 AM – 10:30 AM PT Reading & Interpreting AAP...

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White House Budget for 2018

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The White House released its 2018 budget which includes a proposal to merge the OFCCP and EEOC.  In this proposal the EEOC’s budget will be left unchanged at $364 million and the OFCCP’s budget will be cut from $105 million to $88 million.  A merger will require congressional action to authorize transfer of enforcement authority.  With the many arguments in favor and opposition to the merger, we will wait and see how things transpire.

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Who is Alexander Acosta?

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On April 27, the Senate confirmed Alexander Acosta as the new Secretary of Labor.  Mr. Acosta is a former U.S. Attorney and the Dean of Florida International University College of Law.  President Trump’s first pick for the secretary seat, Andrew Puzder, withdrew his nomination in February.  Mr. Acosta has the duty of selecting the next Director of the OFCCP, but until then it seems like it is business as usual for the agency. As we announced in late February, the OFCCP sent pre-audit letters to 800 individual locations and facilities of federal contractors and subcontractors.  Audit scheduling letters have since been received by some of our clients.  As a reminder, we recommend checking your mailbox (and your company’s mail room) to see if your location has received a letter from the U.S. Department of Labor’s Office of Federal Contract Compliance Programs...

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Spring & Summer Webinar Schedule

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“Tuesday Topics” focus in depth on a particular AAP-related topic. They are designed especially for HR professionals and open to clients and the HR profession. Tuesday programs are complimentary to current clients and their attorneys.  The non-client fee is $95.00 per session.   “Specialized Programs” are designed to provide AAP-related insights and perspectives, and are suitable for both HR professionals and managers and supervisors.  Wednesday programs are complimentary to current clients and their attorneys.   Sandy Henderson and other members of the HR Specialties team facilitate all sessions, which include handouts and ample time for questions and discussion. Please contact us if you are interested in signing up for any of these.   Tuesday Topic Schedule:  Tuesday, April 18, 2017   9:00 AM – 10:00 AM PT Applying EEOC’s Internet Applicant Rules to AAPs     Tuesday, May 16, 2017   9:00 AM – 10:00 AM PT Applying Codes for Requisitions & Applicant Disposition     Tuesday, June 20, 2017   9:00 AM – 10:00 AM PT Six Month Update: OFCCP & EEOC in the New Administration     Tuesday, July 18, 2017   9:00 AM – 10:00 AM PT Managing Interview Panels & Talent Pipelines   Specialized Program Schedule: Wednesday, April 19, 2017   9:00 AM – 10:30 AM PT Documenting HR Decisions for EEO Compliance     Wednesday, May 17, 2017   9:00 AM – 10:30 AM PT The Challenges Created by “Temps to Hire”     Wednesday, June 21, 2017   9:00 AM – 10:30 AM PT  How to Read & Interpret a Completed AAP     Wednesday, July 19, 2017   9:00 AM – 10:30 AM PT  Samples for Documenting & Assessing Effective...

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