In August 2018, the Office of Federal Contract Compliance Programs (OFCCP) issued Directive 2018-04, identifying OFCCP’s plan to conduct compliance reviews focused on one of the three authorities that OFCCP is charged to enforce: Executive Order 11246, Section 503 of the Rehabilitation Act of 1973, and the Vietnam Era Veterans’ Readjustment Assistance Act of 1974 (VEVRAA). A “focused” review is toute...
Introduction by Judy Young, Director of Training and Development at ILR School of Cornell University
I have had the privilege in the past few years to contribute an article related to the employment of individuals with disabilities to this publication. I was just about to begin crafting this article when I met one of the participants in our school’s Diversity and Inclusion public workshop series who told me about...
A federal judge in Washington D.C. sent shockwaves through the employer community recently by reinstating a revised version of the EEO-1 report, which is now once again set to gather compensation information from employers across the country. The resurrection of the controversial revisions, which had been cast aside by the White House shortly after President Trump took over, may be challenged by an appeal and could also lea...
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...
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...