In the previous part of this article (Part I), I reviewed some of the enforcement data the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) has made available to the public. The data can be accessed here. It is provided in two parts; one dataset that consists of closed Compliance Evaluations and another dataset called Compliant Investigations data. I provided some information about the fi...

The U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) makes some part of its enforcement data available to the public. The data can be accessed here. The data is provided in two parts, one dataset that consists of closed Compliance Evaluations and another dataset called Compliant Investigations data. The first dataset contains the information on the evaluations that OFCCP has initiated and...

Recently the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) has been issuing Notices of Violation to and subsequently settling cases with contractors based on the allegation that the contractors have been involved in “steering” their applicants or employees. In these cases the OFCCP alleges that the policy or practice of the contractor directed or steered one group of applicants (women) t...

On April 8, 2014, President Obama issued a Presidential Memorandum entitled "Advancing Pay Equality Through Compensation Data Collection." The Presidential Memorandum directs the Department of Labor to establish new regulations that will require federal contractors to submit summary compensation data by gender and race to the DOL. On the same day the President also signed an Executive Order entitled Non-Retaliation for...

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 inves...

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.1 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 m...

Since January 2005, the contractor community has been using the Census 2000 Special EEO File to prepare Affirmative Action Plans (AAPs). On May 15, 2013, the Office of Federal Contract Compliance Programs (OFCCP) announced that as of January 1, 2014, federal contractors must replace the 2000 EEO file with the 2006-2010 Census EEO Tabulation (2010 EEO Tabulation) to produce all future AAPs 1. The 2010 EEO Tabulation prov...

Some of the OFCCP’s decisions on whether a contractor has discriminated in its hiring decision making process are driven by the result of the gross calculation of hiring rates, availabilities, and impact ratio analyses that OFCCP conducts during the Desk Audit review period. Below, using a simple example, I show why gross calculations on aggregate data sometimes provide misleading results and conclusions. I will also dis...