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Tools for Your Toolbox – Keeping Up with OFCCP Regulations
Topic: AAP |
| If you are like most federal contractors, keeping up with the changes coming from the Office of Federal Contract Compliance Programs (OFCCP) can feel like a full-time job. There seems to have been a flurry of new rules over the past few years, each one more burdensome than...more |
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Lisa Kaiser, Esq.
Managing Partner, The Kaiser Law Group, PLLC |
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Steering – Applicants, Hiring, and More
Topic: EEO |
| There has been much talk recently about Office of Federal Contract Compliance Programs (OFCCP) and steering, and for good reason. Steering is an employment practice that directs a certain subgroup toward a specific set of jobs or lower paid positions. For example, if...more |
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Liz Balconi, PHR, SHRM-CP
Senior Human Resource Consultant, Berkshire Associates Inc. |
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Be Diverse or Be Square
Topic: Diversity |
| A diverse workplace traditionally means including employees from different races, religions, ethnic backgrounds, genders, sexual orientations, disabilities, and ages. In recent years, the definition has broadened to include having a diversity of beliefs and problem-solving backgrounds...more |
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Judy Lindenberger
President, The Lindenberger Group, LLC |
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Ask the Experts is an online forum where federal contractors and subcontractors are invited to submit questions to industry experts related to OFCCP compliance, affirmative action planning, and equal employment opportunity. Simply register your company on LocalJobNetwork.com to submit a question. Questions and answers will occasionally be featured in The OFCCP Digest for the benefit of all readers.
Question: Electronic Voluntary Self-Identification Systems
I received a notice from our ATS vendor that said the DOL recently updated their guidance on how electronic self-ID systems should work to be compliant. The vendor claims that employers must permit candidates to move through the forms without making a selection - even though the form contains the "I prefer not to..." option. This means that candidates are essentially able to bypass the form.
Is this true? I cannot find the DOL source of the vendor claim.
Why would allowing a bypass be compliant when the candidate can choose the option not to disclose? If they bypass the form, what is our evidence that it was presented to the candidate? |
Answered by Bill Osterndorf from HR Analytical Services:
As someone who has followed the field closely, I am not aware that DOL has recently provided additional guidance in this regard. If your ATS vendor is making this claim, you might want to ask about the specific OFCCP regulation, directive, FAQ, or other published item that shows this is the situation.
In the meantime, from what I know, you are allowed to use an "I prefer not to..." option rather than allowing candidates to bypass the form. In fact, I would suggest this is a far better way to deal with candidates, since we want candidates to make a declaration (even if it is "I prefer not to self-identify") rather than skipping survey forms.
A quick note on ATS vendors: we have seen multiple examples over the years of ATS vendors improperly interpreting federal regulations, and multiple examples of ATS vendors providing improper advice on federal regulatory issues. I'm sure ATS vendors are doing their best to provide accurate information, but ATS vendors do not spend the bulk of their time dealing with the increasing complexities in the EEO/AA world. |
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EEOC to Collect Summary Pay Data
The EEOC announced that it will collect summary pay data from certain employers to identify possible pay discrimination. Private employers, including federal contractors and subcontractors, with 100 or more employees, are required to report pay ranges and hours worked using the new EEO-1 form. The first EEO-1 report with pay data will be due on March 31, 2018 for the 2017 reporting period. For more information and guidance, click here.
DOL Issues Final Rule Requiring Paid Sick Leave for Contractors
The Department of Labor published the Final Rule to implement Executive Order 13706, which requires certain federal contractors to provide up to 7 days of paid sick leave per year to their employees. The rule applies to new contracts awarded as well as existing contracts that are renewed or extended on or after January 1, 2017.
EEOC Releases New Online Resource Center for Small Businesses
The EEOC released an online Small Business Resource Center (SBRC) to assist small businesses in complying with the anti-discrimination laws enforced by EEOC. The resource center provides information on employers’ responsibilities under these laws, as well as answers to frequently asked questions, guidance in making employment decisions, and tips on a variety of potential workplace discrimination issues.
OFCCP Expands its Mega Construction Project Program
OFCCP announced the expansion of its Mega Construction Project (MCP) Program to increase the representation of women, minorities, individuals with disabilities, and protected veterans on the nation’s largest construction projects. An MCP is a major construction project valued at $25 million or more that OFCCP selects for focused community outreach, technical assistance, and compliance evaluation, as well as involves community stakeholders at the early stages of the project.
Read more DOL Highlights throughout the month for timely updates. |
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The EEOC released the latest edition of the Digest of Equal Employment Opportunity Law, which contains summaries of noteworthy decisions issued by EEOC as well as federal court cases of interest. The EEO Digest is a quarterly publication of the EEOC’s Office of Federal Operations. This edition includes a special article on discrimination based on mental health conditions. Individuals with mental health conditions face unique obstacles in the workplace because, unlike physical disabilities which are more recognizable, mental health impairments are often hidden. |
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Contact Us
The OFCCP Digest is a complimentary resource featuring affirmative action, equal employment opportunity, and government compliance topics. Previous editions are available for easy reference on The OFCCP Digest Archives page. To subscribe or to provide feedback, email OFCCPDigest@LocalJobNetwork.com. |
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| 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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