OFCCP’s Impact Ratio Analysis (IRA) - Can it be Improved?
by Dr. Hossein Borhani - Apr, 2014
On page 48 of the July 2013 Federal Contract Compliance Manual (FCCM) the OFCCP describes its methodology for calculating the impact ratio and how the compliance officers (CO) are supposed to use the results of the impact ratio analyses: Although related, a CO must not confuse adverse IRAs with the term "adverse impact." The Impact Ratio Analysis (IRA) is a method for identifying personnel activity that should be investig...
OFCCP TRICARE ENFORCEMENT: In Like a Lion, Out Like a Lamb?
by Cara Yates Crotty, Esq. - Apr, 2014
When thinking about the new developments in the OFCCP’s jurisdictional dispute with TRICARE network providers, the old adage about March weather came to mind. (The crazy spring weather we are experiencing probably also had something to do with prompting the analogy). In case you are not familiar with this ongoing saga, let me provide some history. OFCCP sues Florida Hospital The OFCCP filed an administrative complain...
Multi-Prong Approach to Changing the Culture of Self-Identifying as an IWD
by Debra Milstein Gardner - Apr, 2014
In this article I use the terms “individuals with a disability” (IWD - IWDs) or “persons with a disability” (PWD – PWDs) interchangeably. Before we can expect individuals with a disability to openly communicate, through the self-identification process, their disability and possibility a need for an accommodation, we must show them that the information will not be viewed or used in a negative way. In order to do this,...
The OFCCP Digest Volume 4, Issue 3
by Local JobNetwork™ - Mar, 2014
Volume 4, Issue 3 Surveying Requirements Under the Revised Veterans and Disability Regulations by Bill Osterndorf 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 indi...
Disparate Impact & Disability and Protected Veteran Status: What Contractors Need to Know
by Cara Yates Crotty, Esq. - Mar, 2014
Ever since the OFCCP issued its Final Rules implementing Section 503 of the Rehabilitation Act and the Vietnam Era Veterans’ Readjustment Assistance Act in September 2013, federal contractors have been concerned that the OFCCP will use the newly required collection of disability and protected veteran status from applicants as a tool to allege disparate impact on the basis of such protected status. This article will address th...
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...
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