The Department of Labor's Office of Federal Contract Compliance Programs (OFCCP) has rescinded the procedures for inspecting I-9 immigration forms while conducting onsite compliance evaluations. The rescission was dated November 16, 2010. See the transmittal notice below and at: http://www.dol.gov/ofccp/regs/compliance/directives/dir291.htm :
Office of Federal Contract Compliance Programs (OFCCP)
TRANSMITTAL U.S. DEPARTMENT OF LABOR
Employment Standards Administration
Office of Federal Contract Compliance Programs
_______________________________________________________________
Number: 291 Date: Nov. 16, 2010 OFCCP Order No. ADM Notice/Other_______________________________________________________________
1. SUBJECT: Rescission of Directive Number 284: The U.S. Department of Homeland Security (DHS), U.S. Citizenship and Immigration Services’ (USCIS), revised Employment Eligibility Verification Form (Form I-9), September 5, 2008.
2.PURPOSE: To rescind the procedures for inspection of the Form I-9 while conducting the onsite phase of a compliance evaluation.
3.FILING INSTRUCTIONS:
Holders of ADM and LEG Binders only: File this Notice behind the “SEL” tab in your Administrative Practices Binder.
District and Area Office EOSs and EOAs only:
File this Notice behind the tab for ADM Directives in your FCCM Binder.
4. OBSOLETE DATA: Directive Number 284 issued September 5, 2008, Subject: The U.S. Department of Homeland Security (DHS), U.S. Citizenship and Immigration Services' (USCIS), revised Employment Eligibility Verification Form (Form I-9.
5.DISTRIBUTION: A, B (both hard copy and electronically); C (hard copy only).
/S/ 11/16/2010
_______________ ______________
PATRICIA A. SHIU DATE
Director
Office of Federal Contract Compliance Program
EMPLOYMENT STANDARDS ADMINISTRATION
U.S. DEPARTMENT OF LABOR
OFFICE OF FEDERAL CONTRACT COMPLIANCE PROGRAMS
WASHINGTON, D.C. 20210
OFCCP Order No.
1.SUBJECT: Rescission of Directive 284: U.S. Department of Homeland Security (DHS), U.S. Citizenship and Immigration Services' (USCIS), revised Employment Eligibility Verification Form (Form I-9), September 5, 2008.
2. PURPOSE: To rescind the procedures for inspection of the Form I-9 while conducting the onsite phase of a compliance evaluation.
3. POLICY: Effective immediately, OFCCP staff are to discontinue the practice of inspecting the I-9 forms of contractors during the onsite phase of a compliance evaluation.
/S/ 11/16/2010
_______________ ______________
PATRICIA A. SHIU DATE
Director
Office of Federal Contract Compliance Program
Showing posts with label compliance evaluation. Show all posts
Showing posts with label compliance evaluation. Show all posts
Sunday, January 2, 2011
Monday, August 3, 2009
OFCCP Issues Guidance and FAQs on Compliance Evaluations for Stimulus Funded Contractors
The U.S. Department of Labor's Office of Federal Contract Compliance Programs has issued a staff directive and FAQs on compliance activity related to contracts funded by the American Recovery and Reinvestment Act of 2009 (ARRA). The American Recovery and Reinvestment Act of 2009 (Recovery Act) was signed into law by President Obama on February 17th, 2009. According to the agency, covered Federal contractors who receive ARRA funding must comply with Executive Order 11246, as amended (EO 11246); Section 503 of the Rehabilitation Act of 1973,as amended (Section 503); and the Vietnam Veterans' Readjustment Assistance Act of 1974, as amended, 38 U.S.C. 4212 (VEVRAA). OFCCP will conduct compliance evaluations and host compliance assistance events to ensure that federal contractors comply and are aware of their responsibilities under EO 11246, Section 503 and VEVRAA.
To increase transparency and accountability of ARRA spending, OFCCP is obligated to track its ARRA-related and non-ARRA-related enforcement activities separately. Accordingly, OFCCP has established separate scheduling procedures to provide for compliance evaluations of ARRA funded contractors. Active Case Management (ACM) procedures are not to be used in ARRA compliance evaluations. ARRA compliance evaluation procedures require that Regional, District and Area offices conduct a full compliance evaluation, including a full desk audit and onsite review, of every S&S (Supply and Service) ARRA funded contractor establishment scheduled, even in the absence of systemic discrimination indicators. See 41 CFR § 60-1.20(a)(1).
For more information about OFCCP's compliance activity, including the ARRA Directive to OFCCP staff, FAQs and the number of construction and non construction (Supply and Service) compliance reviews, go to: http://www.dol.gov/esa/ofccp/arra_web.html.
To increase transparency and accountability of ARRA spending, OFCCP is obligated to track its ARRA-related and non-ARRA-related enforcement activities separately. Accordingly, OFCCP has established separate scheduling procedures to provide for compliance evaluations of ARRA funded contractors. Active Case Management (ACM) procedures are not to be used in ARRA compliance evaluations. ARRA compliance evaluation procedures require that Regional, District and Area offices conduct a full compliance evaluation, including a full desk audit and onsite review, of every S&S (Supply and Service) ARRA funded contractor establishment scheduled, even in the absence of systemic discrimination indicators. See 41 CFR § 60-1.20(a)(1).
For more information about OFCCP's compliance activity, including the ARRA Directive to OFCCP staff, FAQs and the number of construction and non construction (Supply and Service) compliance reviews, go to: http://www.dol.gov/esa/ofccp/arra_web.html.
Thursday, September 25, 2008
Companies Brace for the Office of Federal Contract Compliance Programs' List of Compliance Evaluations
Workforce Management
September 2008
Self-audits can provide protection from the dreaded on-site investigations that occur when the agency suspects discriminatory hiring practices.
By Fay Hansen
October 1 marks the beginning of a new annual enforcement cycle for the U.S. Office of Federal Contract Compliance Programs as the agency unfurls a long list of companies selected for compliance evaluations.
The last cycle, which covered nearly 5,000 employers, ended with a series of million-dollar settlements against companies that could not adequately defend their hiring practices against charges of systemic discrimination.
Companies selected for the new round of evaluations may see nothing more than a desk audit of their hiring procedures. But such an audit could evolve into a highly invasive on-site investigation, with federal agents conducting face-to-face interviews with hiring managers who must defend their selection criteria.
Agency staff have consistently rejected any criteria that may be subjective or "tainted" by the potential for systemic discrimination. In fiscal year 2007, systemic-discrimination charges accounted for 98 percent of the agency’s record $51.7 million in back-pay collections.
The Office of Federal Contract Compliance Programs defines systemic discrimination as a pattern or recurring practice of discrimination against a protected group.
"The OFCCP is now focused on becoming the premier agency for systemic discrimination," says Julia Judish, counsel, employment and labor law, at Pillsbury Winthrop Shaw Pittman in Washington. "The EEOC’s [Equal Employment Opportunity Commission’s] focus is on individual charges. By contrast, the OFCCP is looking to put its limited resources to the best use by concentrating on federal contractors with systemic discrimination.
"The OFCCP has made it clear that it wants to pursue big cases."
Self-audit protection Employers on the OFCCP compliance list receive a letter stipulating that the agency will conduct an evaluation. The list is based on a mathematical analysis of the Employer Information Report (EEO-1) forms that companies submit as part of their federal contract obligations.
"You can’t predict whether you will receive a letter, so aim as if you might and attempt to limit the impact to a desk audit," Judish advises.
Every federal contractor should conduct regular self-audits in anticipation of a compliance review. [To read the entire story, go to: http://www.workforce.com/section/06/feature/25/77/81/index.html ]
September 2008
Self-audits can provide protection from the dreaded on-site investigations that occur when the agency suspects discriminatory hiring practices.
By Fay Hansen
October 1 marks the beginning of a new annual enforcement cycle for the U.S. Office of Federal Contract Compliance Programs as the agency unfurls a long list of companies selected for compliance evaluations.
The last cycle, which covered nearly 5,000 employers, ended with a series of million-dollar settlements against companies that could not adequately defend their hiring practices against charges of systemic discrimination.
Companies selected for the new round of evaluations may see nothing more than a desk audit of their hiring procedures. But such an audit could evolve into a highly invasive on-site investigation, with federal agents conducting face-to-face interviews with hiring managers who must defend their selection criteria.
Agency staff have consistently rejected any criteria that may be subjective or "tainted" by the potential for systemic discrimination. In fiscal year 2007, systemic-discrimination charges accounted for 98 percent of the agency’s record $51.7 million in back-pay collections.
The Office of Federal Contract Compliance Programs defines systemic discrimination as a pattern or recurring practice of discrimination against a protected group.
"The OFCCP is now focused on becoming the premier agency for systemic discrimination," says Julia Judish, counsel, employment and labor law, at Pillsbury Winthrop Shaw Pittman in Washington. "The EEOC’s [Equal Employment Opportunity Commission’s] focus is on individual charges. By contrast, the OFCCP is looking to put its limited resources to the best use by concentrating on federal contractors with systemic discrimination.
"The OFCCP has made it clear that it wants to pursue big cases."
Self-audit protection Employers on the OFCCP compliance list receive a letter stipulating that the agency will conduct an evaluation. The list is based on a mathematical analysis of the Employer Information Report (EEO-1) forms that companies submit as part of their federal contract obligations.
"You can’t predict whether you will receive a letter, so aim as if you might and attempt to limit the impact to a desk audit," Judish advises.
Every federal contractor should conduct regular self-audits in anticipation of a compliance review. [To read the entire story, go to: http://www.workforce.com/section/06/feature/25/77/81/index.html ]
Monday, March 3, 2008
OFCCP Releases Second Scheduling List
A second list of supply and service contractor establishments for scheduling of compliance evaluations (for the scheduling cycle ending September 30, 2008), has been generated by the OFCCP. This list contains approximately 5,000 establishments that were identified or identified themselves as federal contractors. OFCCP has issued a corporate scheduling announcement letter to the chief executive officers of contractors for whom more than one establishment has been identified for an evaluation. For more information about this new list, go to: http://www.dol.gov/esa/regs/compliance/ofccp/CSAL_02_20_2008.pdf or the OFCCP website at: http://www.dol.gov/esa/ofccp/index.htm.
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