The OFCCP Digest Volume 5, Issue 7



Requisition Best Practices: How to Strategically Manage Applicant Data by Scott Pechaitis, Esq. As the dust finally settles from OFCCP’s new scheduling letter, the true impact of the new audit reporting requirements is becoming clearer. Despite the Agency’s lofty equal pay initiatives and new regulations, the item giving audit defense practitioners the most headaches right now is the request for inclusion of sub-minority race data for applicants and hires... more	Scott Pechaitis is a Shareholder in Jackson Lewis' national Affirmative Action & OFCCP Defense practice group. He works closely with Jackson Lewis' in-house statisticians and data analysts in conducting EEO pay analyses, preparing affirmative action plans and defending... more

A Close Look at the Sample AAPs - What OFCCP Communicates and What They Have a Right to Get by Debra Milstein Gardner A new addition to OFCCP’s website is sample AAPs for Executive Order 11246, Section 503 and VEVRAA. OFCCP includes a disclaimer in the E.O. 11246 plan indicating that it is for illustrative purposes only constructed around a company with less than 150 employees. They stipulate this since job groups have been set up by EEO-1 categories (or as OFCCP refers to as OFCCP occupational categories)... more	Debra Milstein Gardner founded Workplace Dynamics LLC as a women-owned and operated human resources consulting firm in 1990. Debra has 35 years of experience gained while working in the public and private sectors in various human resources compliance... more

What Employers can Learn from the EEOC v. Abercrombie & Fitch Decision by Jeffrey Pasek, Esq. In a decision that came as no major surprise to Supreme Court watchers, on June 1, 2015, the Court ruled 8-1 in EEOC v. Abercrombie & Fitch that Abercrombie & Fitch violated the civil rights of a Muslim job applicant when it refused to hire her because the headscarf that she wore pursuant to her religious obligations conflicted with the company’s dress code policy... more	Jeffrey I. Pasek is the immediate past chair of Cozen O’Connor's Labor & Employment Group. Working out of the firm's offices in Philadelphia and New York, he maintains a national practice of representing employers in all facets of labor and employment law... more

Have We Reached the Final Chapter in the Challenge to OFCCP’s Section 503 Regulations? by Ahmed Younies The U.S. Supreme Court seems to have hammered the final nail into the coffin of Associated Builders and Contractors’ (ABC) challenge to the OFCCP’s recent regulations that impose additional requirements on federal contractors with respect to recruiting and hiring Individuals with Disabilities (IWDs). On Monday June 15, 2015, it refused to hear ABC’s appeal of the Circuit Court of Appeals... more	Ahmed Younies has built human resources infrastructures for small-size companies as well as for mid-size to Fortune 500 companies. He has worked for the Office of Federal Contract Compliance Programs (OFCCP), enforcing compliance as a district director... more

What a Difference a Year Makes! by Jenny Nelson As we approach the one year anniversary since the revised Section 503 disability regulation took effect, I sense a real shift in the contractor community’s attitude toward these changes. When the regulations first passed, contractors appeared overwhelmed and anxious. How would these regulations impact operations and how could they reasonably meet these new obligations? Comments ranged from burdensome to unrealistic. Some balked at the 7% utilization goal claiming it would be too hard to find quality candidates or... more	Jenny Nelson is a Senior Compliance Analyst at Goodwill. With more than 18 years of Human Resources expertise in recruitment and compliance, Jenny manages Goodwill's Affirmative Action Program and provides counseling and training to management on affirmative... more

July 2, 2015 marked the 50th anniversary of the Equal Employment Opportunity Commission (EEOC) when it originally opened its doors to enforce Title VII of the Civil Rights Act of 1964, which prohibits employment discrimination based on race, color, religion, sex, and national origin. EEOC also enforces the Age Discrimination in Employment Act, the Equal Pay Act, the Americans with Disabilities Act, the Rehabilitation Act, and the Genetic Information Nondiscrimination Act. Visit the EEOC's website throughout the year to learn how it commemorates 50 years of protecting employment opportunities for all.

Notice of Proposed Rulemaking on Overtime The Department of Labor recently published a Notice of Proposed Rulemaking (NPRM) to update overtime regulations. The NPRM was published in the Federal Register on July 6. View and comment on the NPRM here by September 4. Reminder: Make Websites Accessible Last month, the Department of Justice (DOJ) filed “Statements of Interest” in cases against Harvard and MIT filed by the National Association of the Deaf. The lawsuits allege that the universities violated the ADA and Section 504 of the Rehabilitation Act because online video content was not captioned. This serves as a good reminder that the DOJ expects public accommodations to make their websites accessible to individuals with disabilities, despite the absence of a final regulation on the subject.



Making History: A DOL Fast Fact The Dictionary of Occupational Titles was first published on June 15, 1939. This resource defined tasks and skills needed for specific jobs. The publication was created to help unemployed individuals who were seeking work and for people looking to switch careers. It helped employers and the U.S. government define more than 13,000 different types of work until it was discontinued in the early 1990s. The Dictionary of Occupational Titles is now available exclusively online as the Occupational Information Network (O*NET) database. It is sponsored by the Employment and Training Administration within the Department of Labor and is available free of charge for job analysis and workforce planning.

Contact Us The OFCCP Digest is a complimentary resource featuring affirmative action, equal employment opportunity, and government compliance topics. To subscribe or to provide feedback, email OFCCPDigest@LocalJobNetwork.com.
The opinions expressed in this newsletter are the opinions of the individual author(s) and do not necessarily reflect the opinions of the Local JobNetwork™. The information appearing in this newsletter is meant to provide the reader with a general understanding of topics relating to OFCCP compliance requirements and is not legal advice. If you are seeking legal advice to address OFCCP compliance issues or requirements, you should consult an attorney. The Local JobNetwork™ expressly disclaims all liability with respect to actions taken or not taken based on any or all of the contents of this newsletter.
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