The competition to hire veterans continues to be fierce. While many factors have brought us to this point, initiatives such as the Vietnam Era Veterans' Readjustment Assistance Act (VEVRAA) and private sector coalitions such as JPMorgan's 100,000 Jobs Mission have helped to ignite enthusiasm to hire service members. Today, the unemployment rate for veterans remains at near historic lows. Companies that embrace th...

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...

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...

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 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...

96 The OFCCP Digest is a complimentary resource for federal contractors on topics of Affirmative Action, EEO, and government compliance....

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...

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...

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...

96 The OFCCP Digest is a complimentary resource for federal contractors on topics of Affirmative Action, EEO, and government compliance....