The OFCCP has now released a total of seven (7) directives in 2018. With the intent of alleviating the gap between the agency's enforcement and the federal contractors' compliance obligations, the OFCCP held town hall and stakeholder meetings in the latter part of 2017 and in the first quarter of 2018. In those meetings, the OFCCP listened to, discussed with, and assured the federal contracting community of a more...
The Availability Analysis is a critical element of an Affirmative Action Plan (AAP) since, by its very definition, it determines the “qualified labor pool” from which the contractor will be selecting to fill open positions. Those availability results, then, have a direct impact on the outreach efforts towards minorities and women the contractor puts forth, as well as the resources required to invest in such efforts. Gi...
In August 2013, Adverse Impact (AI) analysis received one of the most important judicial clarifications rendered since its formal Supreme Court codification in 1971. Administrative Law Judge Kenneth A. Krantz ruled in favor of VF Jeanswear (VF) and denied OFCCP’s request for summary judgment against VF. In his decision, Judge Krantz formally clarified and articulated a judicial position on methods of grouping races for...
In support of President Obama's continued effort to combat pay discrimination, the OFCCP announced on August 6, 2014 a Notice of Proposed Rulemaking (NPRM) that will amend the regulations to require federal contractors and subcontractors to submit an annual Equal Pay Report (EPR) on employee compensation.
Although the details of the EPR are not yet finalized, the NPRM provides a generous preview of what lays ahead fo...