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....

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...

The Supreme Court addresses systemic employment discrimination questions relatively rarely. In Wal-Mart Stores, Inc. v. Dukes, 564 U.S. 338 (2011), the Supreme Court addressed questions related to systemic pay discrimination claims under Title VII. The Supreme Court's decision contained several significant rulings regarding systemic pay discrimination claims. For example, the Supreme Court explained that statistical agg...

Having only recently completed their VETS-4212 filings, government contractors will soon be entering the 2018 EEO-1 reporting cycle facing a confusing landscape when it comes to reporting the gender of their employees. Contractors face an employment marketplace that is dealing with gender in new ways while dealing with federal government reporting requirements built on traditional gender models. This confusion will likely n...

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

The effort to combat gender pay inequity has taken many twists and turns at the federal level. We've all seen reports and data about the difference in average pay between men and women (83%), and the even greater disparity involving minority women (i.e., 53%) when compared to non-minority males. OFCCP and EEOC have been at the forefront of many attempted policy and program measures. Included among these are the OFC...

As we stand back and examine what happened during 2018, it is natural to simply catalogue the numerous changes that occurred at the U.S. Department of Labor's Office of Federal Contract Compliance Programs (OFCCP). There were multiple new directives, new initiatives, and new personnel at the agency. There were actions taken that we had never seen before from the agency, including the public release of information on h...

For several years now, I have been conducting an ongoing study of OFCCP statistics and the impact on the contractor community. The most recent results are based upon the review and analyses of OFCCP closed compliance activity between FY 2014 through FY 2018 (as reported as of 7/21/2018) and do not address the compliance readiness of the entire federal contractor community who may have an open OFCCP compliance activity (ev...