Surveying Requirements Under the Revised Veterans and Disability Regulations
by Bill Osterndorf - Mar, 2014
The revised regulations issued by the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) in regard to protected veterans and individuals with disabilities are now in effect. Companies were required to implement some of the items in these revised regulations by March 24, 2014. There are other requirements in the revised regulations that must be implemented when companies next update their affirm...
Similarly Situated - What Does It Mean and Why is it Important?
by Sandra Zeigler, Esq. - Mar, 2014
The determination of who is similarly situated is central to the prosecution and defense of a discrimination case. This is because determining whether discrimination actually occurred is a comparative exercise. Whether in self-audits or in the defense of allegations of discrimination, it is important for contractors to understand how to identify who is similarly situated to whom for purposes of equal opportunity analysis....
Algorithm of the OFCCP Enforcement Trend – Part 3 of 3
by Ahmed Younies - Mar, 2014
Part 2 of 3 of this series examined and compared the OFCCP enforcement activities under the Clinton, Bush (Jr.) and Obama administrations to gain more insight on what to anticipate of the current OFCCP. Since people propel the activity in question, this installment will focus on Director Shiu’s most recent Regional Director appointees to gain further insight as to what to expect going forward. First, let’s have a “crash cou...
The OFCCP Digest Volume 4, Issue 2
by Local JobNetwork™ - Feb, 2014
Volume 4, Issue 2 Section 503/VEVRAA Final Rules: Your Questions Answered? by Carmen Couden, Esq. With approximately three weeks left until the Section 503/VEVRAA final rules become effective, federal contractors and subcontractors still have many questions regarding the new obligations...
Preparing for the Revised Veteran and Disability Regulations: New Information on What Should Be Implemented by March 24, 2014
by Bill Osterndorf - Feb, 2014
Federal contractors and subcontractors continue to prepare to implement the revised regulations regarding protected veterans and individuals with disabilities that were issued by the U.S. Department of Labor's Office of Federal Contract Compliance Programs (OFCCP). There are certain provisions in these revised regulations that must be implemented by March 24, 2014. I discussed these provisions in my January 2014 article for...
Section 503/VEVRAA Final Rules: Your Questions Answered?
by Carmen Couden, Esq. - Feb, 2014
With approximately three weeks left until the Section 503/VEVRAA final rules become effective, federal contractors and subcontractors still have many questions regarding the new obligations imposed by the rules and how best to comply with them. As March 24, 2014 approaches, the OFCCP continues to provide guidance regarding implementation of the final rules and to clarify the agency's expectations and plans for enforcement. A...
Algorithm of the OFCCP Enforcement Trend – Part 2 of 3
by Ahmed Younies - Feb, 2014
Part I reviewed the OFCCP's many accomplishments in 2013 and discussed their implications for 2014. Its 2014 agenda appears no less ambitious (more on that soon). Let's briefly compare the OFCCP of the Clinton, Bush and Obama years to get an idea of what likely lies ahead. The Clinton Years: Director Shirley Wilcher took a strong interest in compensation issues and, initially, a tough stance on employment discrimination...
Unemployment Status Discrimination and OFCCP Enforcement
by Sandra Zeigler, Esq. - Feb, 2014
Recently the administration called on corporations to pledge not to use unemployment status as a selection criterion in their hiring decisions. According to various media reports at least 300 corporations have taken this pledge including a number of major federal contractors. The purpose of this article is to discuss whether and to what extent the laws currently enforced by OFCCP can be used to address this issue. OFCCP en...
The OFCCP Digest Volume 4, Issue 1
by Local JobNetwork™ - Jan, 2014
Volume 4, Issue 1 Is the OFCCP Just Making Things Up As It Goes Along? by Cara Yates Crotty, Esq. The Office of Federal Contract Compliance Programs issued its revised regulations implementing Section 503 of the Rehabilitation Act and the Vietnam Era Veterans' Readjustment As...
Affirmative Action by Default - Achievements without Trying
by Debra Milstein Gardner - Jan, 2014
Affirmative Action (AA) has been around for more than 60 years and it has been demonstrated that there have been advancements in the employment of minorities and women associated with affirmative action. Therefore we might argue that, YES, affirmative action is taking place and we are seeing women and minorities make headway in the workforce. HOWEVER, it is unclear whether the contractor's AA efforts are influencing these su...
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