Volume 3, Issue 9
The OFCCP Digest Local JobNetwork The OFCCP Digest Debra Milstein Gardner Dr. Hossein Borhani John Fox, Esq. Sandra Zeigler, Esq.
Beware of What You Sign – The Dangers of Conciliation Agreements
by Debra Milstein Gardner

You have just finished a difficult OFCCP compliance review that appeared to be interminable. Numerous scenarios could have occurred during the way, but the end result is OFCCP issuing a notice of violations (NOV) and a conciliation agreement (CA). As frustrating as it is, many contractors can expect to receive a CA, especially if they failed to post their job openings with the state employment service or failed to conduct outreach for veterans and individuals with disabilities. read more

Debra Milstein Gardner Debra Milstein Gardner founded Workplace Dynamics LLC as a women-owned and operated human resources consulting firm in 1990. Debra has 33 years of experience gained while working in the public and private sectors in various human resources compliance roles. read more

2010 EEO Tabulation: A Quick Peek Under the Hood – Part 2
by Dr. Hossein Borhani

As I stated in my June post, the Office of Federal Contract Compliance Programs (OFCCP) has announced that as of January 1, 2014, federal contractors must replace the 2000 EEO Tabulation file with the 2006-2010 Census EEO Tabulation file (2010 EEO Tabulation) to produce all future AAPs. In this post I will continue my review of the 2010 EEO Tabulation and its comparison to the 2000 EEO Tabulation file while noting some major changes in the availabilities and benchmarks. read more

Dr. Hossein Borhani Dr. Hossein Borhani is a Director at ERS Group's San Francisco office and leads its West Coast Labor and Employment practice. Dr. Borhani has testified as an expert witness in court and other judicial settings. read more

The Fox OFCCP Report: When is an OFCCP "Placement Goal" a "Utilization Goal" or a "Benchmark Goal" or a "Quota"?
by John C. Fox, Esq.

This month's column is about the magic, majesty and meaning of words.

One of my favorite books is Lewis Carroll's "Through The Looking-Glass and What Alice Found There" (and even before The Jefferson Airplane and Grace Slick immortalized it in the 1967 rock song "White Rabbit" and the Hippy movement adopted the book as a prescription to expand their minds by eating psychedelic mushrooms and other hallucinogens). read more

John C. Fox, Esq. John C. Fox, Esq. is one of the most experienced trial lawyers in the United States defending companies in "bet-the-bank" and other substantial employment cases. Mr. Fox is the President and a Senior Partner of Fox, Wang & Morgan P.C. read more

OFCCP Final Rules: A Step in the Right Direction
by Sandra Zeigler, Esq.

The long awaited Section 503 (disability) and Section 4212 (protected veterans) regulations have finally been issued. Much fear and trepidation has been generated in the Federal Contractor community over the last few years over the possible impact of these new rules on the regulated community. Federal Contractors raised significant concerns about the prescriptive nature, the efficacy, and the burden hours of many of the proposals. read more

Sandra Zeigler Sandra Scott Zeigler, Esq. is a recognized authority on Federal EEO enforcement with 25 years of experience divided equally between the EEOC and OFCCP. read more

OFCCP Compliance Webinar

OFCCP Regulatory AgendaThe Office of Federal Contract Compliance Programs (OFCCP) recently released much anticipated updates. Industry experts will continue to address these updates in upcoming issues of The OFCCP Digest so that Federal contractors and subcontractors can better determine how these updates will impact them directly. In the meantime, here are the links to reference the detailed updates from the Department of Labor's OFCCP website.

  • On August 23, 2013, OFCCP announced the publication and implementation of the newly revised Federal Contract Compliance Manual (FCCM). The revised FCCM provides OFCCP staff the procedural framework for executing compliance evaluations and complaint investigations. The revised FCCM provides guidance to both OFCCP compliance officers and Federal contractors.
  • On August 27, 2013, OFCCP announced new rules that increase the protections for veterans under the Vietnam Era Veterans' Readjustment Assistance Act of 1974 (VEVRAA) and individuals with disabilities under Section 503 of the Rehabilitation Act of 1973. These new rules require Federal contractors to meet additional requirements related to the hiring and retention of veterans and individuals with disabilities.

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The OFCCP Digest is a complimentary resource for those who do business with the Federal government. Industry leaders throughout the country share their expertise on a range of topics including affirmative action, equal employment opportunity, and government compliance.

We hope you find the information in this newsletter helpful. To subscribe to The OFCCP Digest, send your email address to OFCCPDigest@localjobnetwork.com as well as your comments and feedback.

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.