SHORT TAKES

by Osterndorf, Bill Wednesday, July 06, 2011
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There are an extensive number of OFCCP-related items that we’d like to tell you about. Several of these items relate to topics we’ve discussed in previous editions of the AA Resource.

Deadline Extended for Comments on Proposed Changes to Veterans Regulations

OFCCP issued an extensive proposal regarding changes to its regulations for veterans. The deadline period to provide comments on these changes has been extended until July 11, 2011. The proposed regulations can be accessed from OFCCP’s website (www.dol.gov/ofccp) or from www.regulations.gov. (We discussed these proposed regulations in AA Resource volume 1, number 1.)

Proposed Changes to Scheduling Letter and Itemized Listing

OFCCP has also released proposed revisions to its scheduling letter and the itemized listing that accompanies the scheduling letter. The scheduling letter is used by OFCCP to initiate a compliance review. Like the proposed changes to the veterans regulations, the proposed changes to the scheduling letter and the itemized listing are very extensive. The deadline period to provide comments on the proposed changes to the scheduling letter and itemized listing is also July 11, 2011. These items can be found at www.regulations.gov. (We discussed these proposed changes in more detail in AA Resource volume 1, number 3.)

Recall of June 3, 2011 Scheduling Letters Sent from Midwest Region

OFCCP’s Midwest Region recently sent a number of scheduling letters that have a formal date of June 3, 2011. These letters were received by contractors on a number of dates after June 3. Various sources are reporting that ALL of these letters are being recalled, and the reviews associated with these scheduling letters will not take place. We have had several clients with a June 3 scheduling letter that have received a notice cancelling the review. If you received a June 3, 2011 scheduling letter and have not received a second letter cancelling the review, PLEASE CONTACT US IMMEDIATELY so that we can help your company get this review closed.

OFCCP Midwest Region Leadership Changes

There are a number of reports circulating that OFCCP Midwest Regional Director Sandra Ziegler and Midwest Regional Deputy Director Shirley Thomas left the agency on June 30, 2011. If this is accurate, it will represent a major change for OFCCP’s Midwest Region. Ms. Ziegler has been widely considered an innovator in her approach to compliance reviews and agency practices.

New Functional Affirmative Action Plan Directive

OFCCP very recently released a new version of its directive concerning functional affirmative action plans. A functional AAP is an AAP that is not produced for a particular facility. Instead, a functional AAP covers a specific functional group within an organization. We will be talking to our clients that have functional AAPs in place in the next few days about the ramifications of this new directive. Please contact us if your company is considering the use of functional AAPs.

OFCCP Settles Compensation Discrimination Case with AstraZeneca

OFCCP’s website provides information regarding a recent settlement with pharmaceutical company AstraZeneca in regard to alleged compensation discrimination by AstraZeneca. AstraZeneca signed a consent decree and order with OFCCP in which the company agreed to provide back pay to a class of female employees. Perhaps just as important are provisions in the consent decree that require extensive statistical analyses of compensation by AstraZeneca. The consent decree is available through the Department of Labor’s Office of Administrative Law Judges (OALJ). You can also contact us if you would like a copy of the AstraZeneca consent decree.

National Industry Liaison Group Conference in New Orleans

The National Industry Liaison Group (ILG) conference will be held in New Orleans from July 25-29. The National ILG is an organization composed of companies that work closely with EEOC, OFCCP, and other federal regulatory agencies. You can get registration information on the conference at http://www.ilgconference2011.com/ . This should be an interesting conference in light of the many things occurring at OFCCP.

Did You Know … that the last few months have been one of the most active times in OFCCP’s history? Since the end of April, OFCCP has proposed two major changes in the way it will operate, made a variety of leadership changes, moved forward with its new compensation initiatives, and released a major revision to a key directive. The only comparable period in regard to this level of activity may be the end of the Clinton administration when a number of major new regulatory initiatives were released.