Limiting the Applicant Data That Is Provided to OFCCP Part 1 - The Rule Regarding Applicant Data Most of the recent discussion about affirmative action compliance reviews by the U.S. Department of Labor's Office of Federal Contract Compliance Programs (OFCCP) tends to focus on two areas: (1) OFCCP's investigation of possible compensation discrimination by federal contractors and subcontractors, and (2) issues con...

Your company has received that dreaded letter from the U.S. Department of Labor's Office of Federal Contract Compliance Programs (OFCCP) indicating that your company has been scheduled for an affirmative action compliance review. After the initial panic has subsided, it is time to consider what you will send to OFCCP in order to comply with the requests in the scheduling letter and itemized listing you've received. Whi...

From the advent of the eight-factor analysis, availability analyses have been a central part of all federal affirmative action plans. The U.S. Department of Labor's Office of Federal Contract Compliance Programs (OFCCP) changed from an eight-factor analysis to a two-factor analysis (i.e. an analysis examining only external populations and internal populations that may be able to enter jobs) more than ten years ago. Howeve...

As a part of the data collection and record-keeping requirements under the federal government's affirmative action regulations, federal contractors and subcontractors are obligated to collect race/ethnicity and gender information from applicants. Contractors are also required to survey employees for race/ethnicity and gender information as well as veteran and disability status. The U.S. Department of Labor's Office of Fed...

In the last few years, there have been dramatic changes to the focus points at the U.S. Department of Labor's Office of Federal Contract Compliance Programs (OFCCP). While for many years, OFCCP had little interest in issues concerning veterans and persons with disabilities, these groups are now at the forefront of OFCCP's efforts. We know this is true in part because of the proposed regulations regarding veterans that w...

Using Applicant Reports to Help Your Company During an OFCCP Review Part 2 of 2 In part 1 of this series, we noted that it's a different world out there for companies going through OFCCP reviews. The U.S. Department of Labor's Office of Federal Contract Compliance Programs (OFCCP) continues to closely examine the hiring of federal contractors and subcontractors to determine whether there is...

The Storm Arrives At HR Analytical Services, we have been predicting major changes in the way that the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) would approach affirmative action compliance reviews. We are now seeing evidence of those changes. Among the recent requests that have been made of companies during OFCCP reviews are the following: • Multiple companies have been ask...

Using Applicant Reports to Help Your Company During an OFCCP Review Part 1 of 2 It's a different world out there for companies going through OFCCP reviews. The U.S. Department of Labor's Office of Federal Contract Compliance Programs (OFCCP) is in a much changed mode from its approach of several years ago. OFCCP is now heavily focused on issues concerning veterans and persons with disabilit...

As members of the military services return from the wars in Iraq and Afghanistan, the federal government has shown a great interest in ensuring that these individuals have opportunities to find employment in the private sector. Various federal agencies, including the Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP), have new initiatives that are meant to aide veterans in finding employment....

On Friday, December 9, the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) released proposed revisions to the affirmative action regulations regarding individuals with disabilities. These proposed revisions represent a foundational change in the formal expectations that OFCCP has regarding the efforts federal contractors and subcontractors make on behalf of individuals with disabilitie...