OFCCP News Article:
AMERICAN ASSOCIATION OF PEOPLE WITH DISABILITIES 2012 LEADERSHIP AWARDS GALA
REMARKS BY PATRICIA A. SHIU, DIRECTOR
Office of Federal Contract Compliance Programs - U.S. Department Of Labor
International Trade Center - 1300 Pennsylvania Avenue, NW - Washington, DC
Wednesday, March 21, 2012 7:15 PM [EDT]
Thank you Mark and thanks to all the leadership and staff of AAPD.
It's a great honor for me to speak with you this evening.
Here's what I know:
I know that disabled doesn't mean unable.
I know that there are qualified workers with disabilities all over this country who simply want a fair shot to find, compete for, secure and succeed in good jobs.
I know that too many of these workers are unemployed, underemployed and discouraged from seeking meaningful work. It's an issue we confront at the Department of Labor every day.
I know that we've "admired" the problem for too long. We've analyzed it and fretted over it enough.
I know that it is a persistent, intractable and insidious problem. But it is also an eminently solvable one.
In the 2 ½ years since President Obama appointed me to this job, I've come to know that this town can be – let's be honest – a little dysfunctional. But I know that where there is political will and civil discourse, we can close the disability employment gap.
Full Story: http://www.dol.gov/ofccp/addresses/Director_address_AAPD_Mar212012.htm
Showing posts with label Patricia A. Shiu. Show all posts
Showing posts with label Patricia A. Shiu. Show all posts
Tuesday, April 10, 2012
Tuesday, March 6, 2012
Shiu: Contractors Have Moral Imperative for Diversity in Hiring
DOL News Brief
The DOL Newsletter - March 1, 2012: Hair Do and Don'ts; The Bus Stops Here
Being a federal contractor is a privilege that comes with the responsibility of providing equal employment opportunities for all job applicants and employees. Office of Federal Contract Compliance Programs Director Patricia Shiu delivered this message to the Equal Employment Advisory Council's annual membership meeting on Thursday. Shiu informed the group that, over the last three years, OFCCP has successfully garnered job offers and back wages for tens of thousands of workers. With a focus on pay equity, the agency has changed the way it does business and, in so doing, is helping to close the pay gap for women. "This focus on wage-based discrimination is critical to closing the pay gap, which costs the average working woman about $380,000 over a lifetime of work and is even greater for women of color and women with disabilities," said Shiu.
http://www.dol.gov/_Sec/newsletter/
The DOL Newsletter - March 1, 2012: Hair Do and Don'ts; The Bus Stops Here
Being a federal contractor is a privilege that comes with the responsibility of providing equal employment opportunities for all job applicants and employees. Office of Federal Contract Compliance Programs Director Patricia Shiu delivered this message to the Equal Employment Advisory Council's annual membership meeting on Thursday. Shiu informed the group that, over the last three years, OFCCP has successfully garnered job offers and back wages for tens of thousands of workers. With a focus on pay equity, the agency has changed the way it does business and, in so doing, is helping to close the pay gap for women. "This focus on wage-based discrimination is critical to closing the pay gap, which costs the average working woman about $380,000 over a lifetime of work and is even greater for women of color and women with disabilities," said Shiu.
http://www.dol.gov/_Sec/newsletter/
Monday, February 27, 2012
The next champion of LGBT workplace rights?
The Washington Blade
By Chris Johnson on February 15, 2012
The Obama administration official who would be responsible for enforcing a proposed federal ban on discrimination against LGBT workers by federal contractors boasts a long record of advocating for LGBT rights.
Patricia Shiu heads the Labor Department’s Office of Federal Contract Compliance Programs (OFCCP), which enforces contractual promises of equal employment opportunity for companies doing business with the federal government.
If, as advocates have been pushing him to do, President Obama issues an executive order requiring federal contractors to adopt non-discrimination policies inclusive of sexual orientation and gender identity, Shiu would be responsible for ensuring companies live up to that obligation.
Full Story: http://www.washingtonblade.com/2012/02/15/the-next-champion-of-lgbt-workplace-rights/
By Chris Johnson on February 15, 2012
The Obama administration official who would be responsible for enforcing a proposed federal ban on discrimination against LGBT workers by federal contractors boasts a long record of advocating for LGBT rights.
Patricia Shiu heads the Labor Department’s Office of Federal Contract Compliance Programs (OFCCP), which enforces contractual promises of equal employment opportunity for companies doing business with the federal government.
If, as advocates have been pushing him to do, President Obama issues an executive order requiring federal contractors to adopt non-discrimination policies inclusive of sexual orientation and gender identity, Shiu would be responsible for ensuring companies live up to that obligation.
Full Story: http://www.washingtonblade.com/2012/02/15/the-next-champion-of-lgbt-workplace-rights/
Monday, December 12, 2011
Letter from OFCCP Director on Proposed Disability Regs
U.S. Department of LaborDecember 9, 2011
Dear Friends:
Today we made history at the Department of Labor. This morning, OFCCP proposed a new rule to strengthen the affirmative action obligations of federal contractors and subcontractors to improve job opportunities for people with disabilities.
Our proposed rule would revise and update Section 503 of the Rehabilitation Act of 1973, giving millions of Americans with disabilities a better and fairer shot at competing for jobs. The proposal also aims to give businesses greater clarity on what is expected of them, leveling the playing field so that employers who play by the rules don’t have to compete at a disadvantage against those who shirk their legal responsibilities.
The rule we are proposing is historic: businesses with at least 50 employees and $50,000 or more in government contracts would be required to set a hiring goal of 7 percent for workers with disabilities.
That’s never been done before.
I believe that what gets measured gets done. When four out of every five working-age individuals with a disability are outside the labor force, we have serious work to do. This proposed rule is a concrete step we can take to help close that gap, to ensure that discouraged workers in the disability community have a reason to believe they too can have meaningful opportunities to work.
The concept of setting a goal is not new. A goal is yardstick for employers to assess how they’re doing and a tool to help us better evaluate their efforts. Our proposal would require employers to take specific actions with respect to recruitment, training, record-keeping and the dissemination of policies – actions similar to those which have long been required to promote equal opportunity in the workplace for women and minorities.
I invite you to read our proposal and submit comments on how we can make it better. Throughout this rulemaking process, we have sought as much input as possible from workers, employers, advocates, experts, scholars and the public at-large. Last year, we published an Advance Notice of Proposed Rulemaking – the government equivalent of a national brainstorming session – to get ideas on what this rule should look like. The input we received on the ANPRM and in stakeholder and town hall meetings throughout the country helped shape the rule we put before you now.
Our proposed rule is open for public comment from now until February 7, 2012. My staff and I will read, review and consider every comment we receive. That is part of the public trust we hold at the Department of Labor.
Now we need you to please look over our proposal and give us your honest and constructive feedback. Go to http://www.dol.gov/ofccp/503 to read and comment on the rule. There, you will also find a short summary of the proposed rule, a fact sheet you can print and share, answers to frequently asked questions and other useful materials.
Today we made history. Now we ask you to help us make possibility.
Many thanks,
Patricia A. Shiu
Director
Office of Federal Contract Compliance Programs
Letter from Director Patricia A. Shiu
Dear Friends:
Today we made history at the Department of Labor. This morning, OFCCP proposed a new rule to strengthen the affirmative action obligations of federal contractors and subcontractors to improve job opportunities for people with disabilities.
Our proposed rule would revise and update Section 503 of the Rehabilitation Act of 1973, giving millions of Americans with disabilities a better and fairer shot at competing for jobs. The proposal also aims to give businesses greater clarity on what is expected of them, leveling the playing field so that employers who play by the rules don’t have to compete at a disadvantage against those who shirk their legal responsibilities.
The rule we are proposing is historic: businesses with at least 50 employees and $50,000 or more in government contracts would be required to set a hiring goal of 7 percent for workers with disabilities.
That’s never been done before.
I believe that what gets measured gets done. When four out of every five working-age individuals with a disability are outside the labor force, we have serious work to do. This proposed rule is a concrete step we can take to help close that gap, to ensure that discouraged workers in the disability community have a reason to believe they too can have meaningful opportunities to work.
The concept of setting a goal is not new. A goal is yardstick for employers to assess how they’re doing and a tool to help us better evaluate their efforts. Our proposal would require employers to take specific actions with respect to recruitment, training, record-keeping and the dissemination of policies – actions similar to those which have long been required to promote equal opportunity in the workplace for women and minorities.
I invite you to read our proposal and submit comments on how we can make it better. Throughout this rulemaking process, we have sought as much input as possible from workers, employers, advocates, experts, scholars and the public at-large. Last year, we published an Advance Notice of Proposed Rulemaking – the government equivalent of a national brainstorming session – to get ideas on what this rule should look like. The input we received on the ANPRM and in stakeholder and town hall meetings throughout the country helped shape the rule we put before you now.
Our proposed rule is open for public comment from now until February 7, 2012. My staff and I will read, review and consider every comment we receive. That is part of the public trust we hold at the Department of Labor.
Now we need you to please look over our proposal and give us your honest and constructive feedback. Go to http://www.dol.gov/ofccp/503 to read and comment on the rule. There, you will also find a short summary of the proposed rule, a fact sheet you can print and share, answers to frequently asked questions and other useful materials.
Today we made history. Now we ask you to help us make possibility.
Many thanks,
Patricia A. Shiu
Director
Office of Federal Contract Compliance Programs
Letter from Director Patricia A. Shiu
Tuesday, September 20, 2011
OFCCP Director Shiu Holds a Listening Session with AAAA
On September 8, 2011, AAAA participated in a listening session for members of the higher education community with OFCCP Director Patricia Shiu and other DOL staff. Organizer of the session, AAAA Member Marilyn Schuyler reports:
For more information and for a copy of the transcript of the discussion, go to: http://schuyleraap.blogspot.com/2011/09/back-to-school-with-ofccp-listening.html
About 150 members of the academic community shared questions and
concerns with Director Shiu on Thursday, September 8, via conference
call. Representatives from the academic community discussed the
challenges they face in applying the OFCCP regulations in an academic
environment. As federal contractors, academic institutions are required to
comply with the same regulations as supply and service contractors, however, due
to the presence of student workers, issues of tenure, etc., academic
institutions often find it challenging to implement the regulations.
For more information and for a copy of the transcript of the discussion, go to: http://schuyleraap.blogspot.com/2011/09/back-to-school-with-ofccp-listening.html
Tuesday, September 6, 2011
OFCCP Director Notes Accomplishments in Labor Day Message to Field Staff
Email reportedly sent to OFCCP Staff
Friday, September 2, 2011
Dear Colleagues,
Before you head out for the long weekend, I want to thank you for all your great work over this very busy summer!
Since Memorial Day, we restored the FAAP, closed several major cases (AstraZeneca, ThyssenKrupp, and Alcoa) and went after the big cheese. We took a major step forward on our proposed rule to strengthen VEVRAA and asked for input on a game-changing data tool to strengthen our hand in fighting pay discrimination. We said hello to a team of incredible summer interns and bid a fond farewell to several cherished members of the OFCCP family. We hosted a productive gathering of all managers and engaged in an important dialogue at the Industry Liaison Group’s national convention. And at a time when all of us in government are tightening our belts to cut costs, OFCCP is about to save taxpayers $39 million by updating our electronic case management system. Not bad for the dog days of summer!
I’m so proud of what we have accomplished together and I take every opportunity to tell the Secretary and our stakeholders about my fantastic team of nearly 800 men and women who are on the front lines of protecting workers, promoting diversity and enforcing the law. Earlier today, I spoke at the DOL Civil Rights Center ’s 20th Annual Training and Symposium. I referenced the great Dr. Dorothy Height in reminding the audience that laws without enforcement are just words on a piece of paper. We are the people who bring those words to life. We are the ones who give them meaning and power.
This week, I’m pleased to announce two new additions to our senior leadership team. I hope you will join me in welcoming Cynthia Spishak and Harry Council to the Division of Management and Administrative Programs. Cynthia is DMAP’s new Deputy Director and Harry serves as our Branch Chief for Information Technology. You can read more about them below.
Finally, I want to share with you a Labor Day message from Secretary Solis on the “State of the American Worker.” This weekend, whether you are lying on a beach, standing over a barbeque grill, spending time with family or taking advantage of a good sale, I hope you will pause to remember what Labor Day is all about. I hope you will think of the workers we serve and the ethic of hard work and fair play that has made our nation the lamplight of the world.
Here at DOL, every day is Labor Day. For all of the work you do – on behalf of the workers – I thank you. Have a great weekend!
Pat
Since Memorial Day, we restored the FAAP, closed several major cases (AstraZeneca, ThyssenKrupp, and Alcoa) and went after the big cheese. We took a major step forward on our proposed rule to strengthen VEVRAA and asked for input on a game-changing data tool to strengthen our hand in fighting pay discrimination. We said hello to a team of incredible summer interns and bid a fond farewell to several cherished members of the OFCCP family. We hosted a productive gathering of all managers and engaged in an important dialogue at the Industry Liaison Group’s national convention. And at a time when all of us in government are tightening our belts to cut costs, OFCCP is about to save taxpayers $39 million by updating our electronic case management system. Not bad for the dog days of summer!
I’m so proud of what we have accomplished together and I take every opportunity to tell the Secretary and our stakeholders about my fantastic team of nearly 800 men and women who are on the front lines of protecting workers, promoting diversity and enforcing the law. Earlier today, I spoke at the DOL Civil Rights Center ’s 20th Annual Training and Symposium. I referenced the great Dr. Dorothy Height in reminding the audience that laws without enforcement are just words on a piece of paper. We are the people who bring those words to life. We are the ones who give them meaning and power.
This week, I’m pleased to announce two new additions to our senior leadership team. I hope you will join me in welcoming Cynthia Spishak and Harry Council to the Division of Management and Administrative Programs. Cynthia is DMAP’s new Deputy Director and Harry serves as our Branch Chief for Information Technology. You can read more about them below.
Finally, I want to share with you a Labor Day message from Secretary Solis on the “State of the American Worker.” This weekend, whether you are lying on a beach, standing over a barbeque grill, spending time with family or taking advantage of a good sale, I hope you will pause to remember what Labor Day is all about. I hope you will think of the workers we serve and the ethic of hard work and fair play that has made our nation the lamplight of the world.
Here at DOL, every day is Labor Day. For all of the work you do – on behalf of the workers – I thank you. Have a great weekend!
Pat
Tuesday, July 12, 2011
OFCCP Director Hosts Web Chat on Regulatory and Compliance Issues
On July 12, 2011, OFCCP Director Patricia A. Shiu conducted a web chat that addresses many important issues of concern to federal contractors. The following is brief synopsis of her comments on the issues. To view the entire transcript of the "chat" go to the OFCCP website at: http://www.dol.gov/regulations/chat-ofccp-static-201107.htm.
Notice of Proposed Rulemaking for VEVRAA Regulations:
The comment period for Notice of Proposed Rulemaking on Section 4212 of the Vietnam Era Veterans’ Readjustment Assistance Act closed yesterday and the agency has begun the process of reviewing and analyzing all of the comments. This process may take several weeks to complete, and will include consideration of suggestions for revision to the NPRM. In the Final Rule the agency will describe the comments, the issues they raised, and our responses to them. OFCCP anticipates publishing a Final Rule in the spring of 2012.
Approximately 80 comments were received regarding the proposed rule. In answer to the question whether OFCCP will withdraw the proposed rule in accordance to a demand by various employer organizations, the director said that she would not.
Census Bureau Data for 2010:
OFCCP is working with census bureau, EEOC and Department of Justice in creating the special tab. It should be available in the next 12 months. Contractors should continue to use the 2000 census data until the 2010 data are available. The Census Bureau indicates that it expects to release the 2010 data in December 2012.
Compensation Data Collection Tool:
The Compensation Data Collection Tool ANPRM is in the final stages of review and the agency expects to publish it within the next few weeks.
Regional Vacancies:
OFCCP is currently recruiting for Regional Director in the Midwest Region and Deputy Regional Directors in the Northeast, mid-Atlantic, Midwest and Dallas regions.
Proposed Rescission of Compensation Guidelines:
In response to the proposed rescission people have made the agency aware of the need to develop new guidance. OFCCP is reviewing those comments.
Documenting Good Faith Efforts:
The director stated that there are a variety of ways to document good faith efforts. For example, copies of job postings, correspondence, and documentation of community outreach with public workforce agencies or training and educational organizations. The most important thing is to ensure that you have complete and accurate documentation (e.g. emails, letters of confirmation, job postings, etc.). OFCCP regulations and technical guides have more detailed information: http://www.dol.gov/ofccp/
Section 503 ANPRM:
The Section 503 NPRM is currently under review. Once the review is complete, OFCCP will publish the NPRM for public comment. OFCCP anticipates publication of the Section 503 NPRM in the Federal Register sometime in the next month. The NPRMs for construction and sex discrimination are anticipated for publication on the dates listed in the spring regulatory agenda.
FAAP Agreements:
Contractors are not required to develop a FAAP (Functional AAP) agreement. The regulations specify that contractors who have employees who work at an establishment with fewer than 50 employees have the following options for covering these employees: 1. In an AAP covering just that establishment 2. In an AAP which covers the personnel functions or 3. In the AAP of the managing official to whom they report. The new FAAP directive is available on the OFCCP website. Notification letters were sent to existing FAAP holders to inform them to contact the agency about renewal of the FAAP.
The Revised Scheduling Letter:
The revised scheduling letter was published for comment in May, and the comment period closed July 11th. There were a few comments received. OFCCP is reviewing those comments and will make a determination regarding the letter and the itemized listing in the very near future. There are no new regulatory changes that will be reflected in the current revision.
The Federal Contract Compliance Manual:
The FCCM will be published sometime this fall.
The ACM vs. the ACE:
There are several major differences between Active Case Enforcement (ACE) and Active Case Management (ACM). Under ACE, OFCCP is using all of the compliance evaluation investigative methodologies specified in the regulations (i.e., compliance review, offsite review of records, compliance check and focused review), whereas under ACM, only the compliance review method was used. Under ACM, a full desk audit was only conducted where there were indicators of discrimination or in every 50th review. ACE procedures require a full desk audit in every compliance evaluation. Additionally ACM procedures focused on identifying cases where there were 10 or more affected class members, whereas ACE does not have a minimum affected class member threshold.
Outreach Efforts:
In the first half of the current fiscal year, OFCCP conducted nearly 1,000 outreach events, reaching almost 26,000 stakeholders, including workers, community-based organizations, civil rights groups, employers, human resources professionals, attorneys, consultants, labor unions, veterans’ service organizations and more. OFCCP will continue to participate in these activities. Notices of meetings and events can be found on the agency's website http://www.dol.gov/ofccp.
Inter-Agency Communications:
OFCCP and EEOC, as well as the Department of Justice, have increased communications at all levels. For example, the agencies are conducting joint trainings; coordinating civil rights policies on an ongoing basis; developing pilot programs among the field offices; and sharing best practices. The purpose of this collaboration is to develop a unified civil rights agenda which is part of President Obama’s vision for our agencies.
Does OFCCP always send a notice to the contractor to advise that the audit has been closed? Yes
One trend that OFCCP has observed is that when it identifies major violations, contractors have failed to implement internal, self-audit procedures and failed to implement corrective actions. This has resulted in the agency finding record keeping violations relating to personnel activity and compensation.
Will the proposed scheduling letter update follow OIRA protocol (http://www.reginfo.gov/public/jsp/Utilities/faq.jsp), which includes a second public comment period of 30 days before final approval? If so, will OFCCP seek an emergency extension for the current scheduling letter, which expires 9/30/2011?
Yes, OFCCP is following the OIRA protocol and will provide an opportunity for a second round of comments on the proposed updates to the scheduling letter.
Databases Used for Contractor Selection:
OFCCP uses several databases to determine whether an employer is a federal contractor. Examples include Central Contractor Registration (CCR), Federal Procurement Data System-New Generation (FPDS-NG), EEO-1 Surveys, and Dun & Bradstreet. CCR captures registration information of all federal contractors. FPDS-NG captures all transactions of federal contracts. OFCCP receives EEO-1 reports from the U.S. Equal Employment Opportunity Commission for all businesses that self-report as federal contractors. Finally, Dun & Bradstreet captures name, address, family tree, and DUNS numbers for all facilities and subsidiaries of a business.
Worker Misclassification:
Worker misclassification is an important issue for the OFCCP because Federal contractors must include all their workers in their compliance plans and not mask some by classifying them as independent contractors. As part of the Secretary’s department-wide “Plan Prevent and Protect” initiative, OFCCP is working with other DOL agencies on this misclassification issue.
Accomplishments:
In the first six months of Fiscal Year 2011, OFCCP has completed 44 financial conciliation agreements that include $5.66 million and 657 job offers for 8,090 victims. This compares favorably to the same period last year when the agency had completed 35 financial CAs totaling $2.77 million and 582 job-offers for 3,157 victims. This represents a 25 percent increase in CAs, more than double the financial remedies and, most importantly, an increase in job opportunities for workers who faced discrimination.
Notice of Proposed Rulemaking for VEVRAA Regulations:
The comment period for Notice of Proposed Rulemaking on Section 4212 of the Vietnam Era Veterans’ Readjustment Assistance Act closed yesterday and the agency has begun the process of reviewing and analyzing all of the comments. This process may take several weeks to complete, and will include consideration of suggestions for revision to the NPRM. In the Final Rule the agency will describe the comments, the issues they raised, and our responses to them. OFCCP anticipates publishing a Final Rule in the spring of 2012.
Approximately 80 comments were received regarding the proposed rule. In answer to the question whether OFCCP will withdraw the proposed rule in accordance to a demand by various employer organizations, the director said that she would not.
Census Bureau Data for 2010:
OFCCP is working with census bureau, EEOC and Department of Justice in creating the special tab. It should be available in the next 12 months. Contractors should continue to use the 2000 census data until the 2010 data are available. The Census Bureau indicates that it expects to release the 2010 data in December 2012.
Compensation Data Collection Tool:
The Compensation Data Collection Tool ANPRM is in the final stages of review and the agency expects to publish it within the next few weeks.
Regional Vacancies:
OFCCP is currently recruiting for Regional Director in the Midwest Region and Deputy Regional Directors in the Northeast, mid-Atlantic, Midwest and Dallas regions.
Proposed Rescission of Compensation Guidelines:
In response to the proposed rescission people have made the agency aware of the need to develop new guidance. OFCCP is reviewing those comments.
Documenting Good Faith Efforts:
The director stated that there are a variety of ways to document good faith efforts. For example, copies of job postings, correspondence, and documentation of community outreach with public workforce agencies or training and educational organizations. The most important thing is to ensure that you have complete and accurate documentation (e.g. emails, letters of confirmation, job postings, etc.). OFCCP regulations and technical guides have more detailed information: http://www.dol.gov/ofccp/
Section 503 ANPRM:
The Section 503 NPRM is currently under review. Once the review is complete, OFCCP will publish the NPRM for public comment. OFCCP anticipates publication of the Section 503 NPRM in the Federal Register sometime in the next month. The NPRMs for construction and sex discrimination are anticipated for publication on the dates listed in the spring regulatory agenda.
FAAP Agreements:
Contractors are not required to develop a FAAP (Functional AAP) agreement. The regulations specify that contractors who have employees who work at an establishment with fewer than 50 employees have the following options for covering these employees: 1. In an AAP covering just that establishment 2. In an AAP which covers the personnel functions or 3. In the AAP of the managing official to whom they report. The new FAAP directive is available on the OFCCP website. Notification letters were sent to existing FAAP holders to inform them to contact the agency about renewal of the FAAP.
The Revised Scheduling Letter:
The revised scheduling letter was published for comment in May, and the comment period closed July 11th. There were a few comments received. OFCCP is reviewing those comments and will make a determination regarding the letter and the itemized listing in the very near future. There are no new regulatory changes that will be reflected in the current revision.
The Federal Contract Compliance Manual:
The FCCM will be published sometime this fall.
The ACM vs. the ACE:
There are several major differences between Active Case Enforcement (ACE) and Active Case Management (ACM). Under ACE, OFCCP is using all of the compliance evaluation investigative methodologies specified in the regulations (i.e., compliance review, offsite review of records, compliance check and focused review), whereas under ACM, only the compliance review method was used. Under ACM, a full desk audit was only conducted where there were indicators of discrimination or in every 50th review. ACE procedures require a full desk audit in every compliance evaluation. Additionally ACM procedures focused on identifying cases where there were 10 or more affected class members, whereas ACE does not have a minimum affected class member threshold.
Outreach Efforts:
In the first half of the current fiscal year, OFCCP conducted nearly 1,000 outreach events, reaching almost 26,000 stakeholders, including workers, community-based organizations, civil rights groups, employers, human resources professionals, attorneys, consultants, labor unions, veterans’ service organizations and more. OFCCP will continue to participate in these activities. Notices of meetings and events can be found on the agency's website http://www.dol.gov/ofccp.
Inter-Agency Communications:
OFCCP and EEOC, as well as the Department of Justice, have increased communications at all levels. For example, the agencies are conducting joint trainings; coordinating civil rights policies on an ongoing basis; developing pilot programs among the field offices; and sharing best practices. The purpose of this collaboration is to develop a unified civil rights agenda which is part of President Obama’s vision for our agencies.
Does OFCCP always send a notice to the contractor to advise that the audit has been closed? Yes
One trend that OFCCP has observed is that when it identifies major violations, contractors have failed to implement internal, self-audit procedures and failed to implement corrective actions. This has resulted in the agency finding record keeping violations relating to personnel activity and compensation.
Will the proposed scheduling letter update follow OIRA protocol (http://www.reginfo.gov/public/jsp/Utilities/faq.jsp), which includes a second public comment period of 30 days before final approval? If so, will OFCCP seek an emergency extension for the current scheduling letter, which expires 9/30/2011?
Yes, OFCCP is following the OIRA protocol and will provide an opportunity for a second round of comments on the proposed updates to the scheduling letter.
Databases Used for Contractor Selection:
OFCCP uses several databases to determine whether an employer is a federal contractor. Examples include Central Contractor Registration (CCR), Federal Procurement Data System-New Generation (FPDS-NG), EEO-1 Surveys, and Dun & Bradstreet. CCR captures registration information of all federal contractors. FPDS-NG captures all transactions of federal contracts. OFCCP receives EEO-1 reports from the U.S. Equal Employment Opportunity Commission for all businesses that self-report as federal contractors. Finally, Dun & Bradstreet captures name, address, family tree, and DUNS numbers for all facilities and subsidiaries of a business.
Worker Misclassification:
Worker misclassification is an important issue for the OFCCP because Federal contractors must include all their workers in their compliance plans and not mask some by classifying them as independent contractors. As part of the Secretary’s department-wide “Plan Prevent and Protect” initiative, OFCCP is working with other DOL agencies on this misclassification issue.
Accomplishments:
In the first six months of Fiscal Year 2011, OFCCP has completed 44 financial conciliation agreements that include $5.66 million and 657 job offers for 8,090 victims. This compares favorably to the same period last year when the agency had completed 35 financial CAs totaling $2.77 million and 582 job-offers for 3,157 victims. This represents a 25 percent increase in CAs, more than double the financial remedies and, most importantly, an increase in job opportunities for workers who faced discrimination.
Monday, July 11, 2011
OFCCP Releases its Semi-Annual Regulatory Agenda
The U.S. Department of Labor's Office of Federal Conract Compliance Programs (OFCCP) has released its Semi-Annual Regulatory Agenda. According to the Director, Ms. Patricia A. Shiu, the agency plans to amend the regulations in order to "bring greater scrutiny to current and past regulations in order to more fully prepare for the future, modernizing our policies and practices to adjust to a changing workforce." Among the regulations to be amended will be the OFCCP's Sex Discrimination Guidelines, which have not been changed since 1978; the veterans' regulations and the Section 503 disability regulations. The agency also plans to amend the regulations regarding women and minorities in the construction trades.
OFCCP is also planning to release a new tool on compensation. According to Ms. Shiu, "This data will be critical to realizing President Obama’s vision of ending, once and for all, the persisting gap in wages between men and women, especially women of color. "
OFCCP is seeking input on the agency's regulatory agenda. On Tuesday, July 12, OFCCP will host a live web chat from 1:00-2:00 PM (EDT) to discuss OFCCP’s regulatory agenda and answer your questions. You may join the chat by going to www.dol.gov/regulations. On the website you will find information about the Department’s entire agenda, including fact sheets, videos and archival material. You can also register to receive a reminder for the web chat.
OFCCP is also planning to release a new tool on compensation. According to Ms. Shiu, "This data will be critical to realizing President Obama’s vision of ending, once and for all, the persisting gap in wages between men and women, especially women of color. "
OFCCP is seeking input on the agency's regulatory agenda. On Tuesday, July 12, OFCCP will host a live web chat from 1:00-2:00 PM (EDT) to discuss OFCCP’s regulatory agenda and answer your questions. You may join the chat by going to www.dol.gov/regulations. On the website you will find information about the Department’s entire agenda, including fact sheets, videos and archival material. You can also register to receive a reminder for the web chat.
Saturday, June 18, 2011
ThyssenKrupp to settle sex discrimination case with US Labor Department
mmdnewswire.com
US Labor Department Release Number: 11-0903-ATL
ThyssenKrupp to pay more than $288,000 to rejected female job applicants at Tennessee facility to settle sex discrimination case with US Labor Department
Agreement includes back wages, interest and job offers
MIDDLETON, Tenn. (MMD Newswire) June 17, 2011 -- ThyssenKrupp Elevator Manufacturing Inc. has agreed to pay a total of $288,333 to 248 female job applicants who were systematically rejected for assembler/packer and utility positions at the company's facility in Middleton from January to December 2005, following an investigation by the U.S. Department of Labor's Office of Federal Contract Compliance Programs. In addition to the financial remedy, TKE will extend 23 job offers to affected women as positions become available.
TKE is a subsidiary of ThyssenKrupp AG, a global conglomerate based in Germany and one of the world's leading producers of elevators. TKE currently holds a $15.1 million contract to provide elevator and escalator maintenance to the General Services Administration, the U.S. federal government agency that manages most federal buildings.
During a scheduled compliance review, OFCCP determined that TKE had violated Executive Order 11246, which prohibits federal contractors and subcontractors from discriminating on the basis of sex.
"This agreement sends a powerful message that the U.S. government will not tolerate discrimination," said OFCCP Director Patricia A. Shiu. "A global company like ThyssenKrupp should know better than to underestimate the power of America's working women. When the doors of opportunity are fully open to us, there isn't a job that we can't do."
Under the terms of the agreement, in addition to paying wages and interest to affected female applicants who return timely notifications, ThyssenKrupp agreed to undertake extensive self-monitoring and corrective measures to ensure that all employment practices fully comply with the law, and to immediately correct any discriminatory practices. The company will contact the rejected applicants and make payments directly to them using address information supplied on the job applications.
In addition to Executive Order 11246, OFCCP's legal authority exists under Section 503 of the Rehabilitation Act of 1973 and the Vietnam Era Veterans' Readjustment Act of 1974. Those who do business with the federal government, both contractors and subcontractors, are held to the fair and reasonable standard that they do not discriminate in employment on the basis of gender, race, color, religion, national origin, disability or status as a protected veteran. For general information, call OFCCP's toll-free helpline at 800-397-6251 or visit http://www.dol.gov/ofccp/.
US Labor Department Release Number: 11-0903-ATL
ThyssenKrupp to pay more than $288,000 to rejected female job applicants at Tennessee facility to settle sex discrimination case with US Labor Department
Agreement includes back wages, interest and job offers
MIDDLETON, Tenn. (MMD Newswire) June 17, 2011 -- ThyssenKrupp Elevator Manufacturing Inc. has agreed to pay a total of $288,333 to 248 female job applicants who were systematically rejected for assembler/packer and utility positions at the company's facility in Middleton from January to December 2005, following an investigation by the U.S. Department of Labor's Office of Federal Contract Compliance Programs. In addition to the financial remedy, TKE will extend 23 job offers to affected women as positions become available.
TKE is a subsidiary of ThyssenKrupp AG, a global conglomerate based in Germany and one of the world's leading producers of elevators. TKE currently holds a $15.1 million contract to provide elevator and escalator maintenance to the General Services Administration, the U.S. federal government agency that manages most federal buildings.
During a scheduled compliance review, OFCCP determined that TKE had violated Executive Order 11246, which prohibits federal contractors and subcontractors from discriminating on the basis of sex.
"This agreement sends a powerful message that the U.S. government will not tolerate discrimination," said OFCCP Director Patricia A. Shiu. "A global company like ThyssenKrupp should know better than to underestimate the power of America's working women. When the doors of opportunity are fully open to us, there isn't a job that we can't do."
Under the terms of the agreement, in addition to paying wages and interest to affected female applicants who return timely notifications, ThyssenKrupp agreed to undertake extensive self-monitoring and corrective measures to ensure that all employment practices fully comply with the law, and to immediately correct any discriminatory practices. The company will contact the rejected applicants and make payments directly to them using address information supplied on the job applications.
In addition to Executive Order 11246, OFCCP's legal authority exists under Section 503 of the Rehabilitation Act of 1973 and the Vietnam Era Veterans' Readjustment Act of 1974. Those who do business with the federal government, both contractors and subcontractors, are held to the fair and reasonable standard that they do not discriminate in employment on the basis of gender, race, color, religion, national origin, disability or status as a protected veteran. For general information, call OFCCP's toll-free helpline at 800-397-6251 or visit http://www.dol.gov/ofccp/.
Thursday, June 9, 2011
OFCCP Director Patricia Shiu Writes About AstraZeneca Case
The Official Blog of the U.S. Department of Labor
http://social.dol.gov/blog/astrazeneca-what-we-learned/
AstraZeneca: What We Learned
by PATRICIA SHIU AND SARA MANZANO-DIAZ on JUNE 9, 2011
This week, the U.S. Department of Labor announced a settlement in our pay discrimination lawsuit against one of the largest pharmaceutical companies in the world, AstraZeneca. The company is a federal contractor that receives more than $2 billion to supply drugs and medical equipment to VA hospitals and centers across the country.
The Labor Department’s Office of Federal Contract Compliance Programs found in its investigation that the company was discriminating against women by paying some of their female sales associates, on average, $1,700 less per year than men doing the same job. One hundred and twenty four AZ saleswomen will share in the $250,000 settlement.
Many of the women had no idea they were experiencing discrimination. That’s not surprising. How would they know what their male counterparts were making?
The long-term impact of this case is significant for the company: AZ has agreed to re-examine pay practices in offices across 13 states and DC. The company’s management has committed to correcting any problems that are found.
But this case is instructive on a larger scale, because it reminds us that solving the pay gap requires strong enforcement so businesses that do play by the rules and treat workers fairly don’t have to compete against those who do not.
To close the pay gap we need a better way to collect good data from employers so we can identify and root out discrimination. Better regulations regarding pay secrecy would allow women to talk openly about their salaries without fear of retaliation. And we must educate workers about their rights and employers of their obligations.
We’re tackling this problem from, well, A to Z. The OFCCP is aggressively going after employers who discriminate and making enforcement a top priority. The agency is proposing the creation of a new data tool to improve our ability to identify bad actors. We’re also updating our regulations and supporting legislative efforts to strengthen protections for workers.
The Women’s Bureau has been reaching out to researchers, experts, community groups, business leaders and workers to develop educational materials and find common sense solutions.
And we’ve both teamed up with our colleagues at the White House, Equal Employment Opportunity Commission, Department of Justice and Office of Personnel Management to address these issues in other ways as well.
The problem of pay equity is not a new one. Forty-eight years after President Kennedy signed the Equal Pay Act, women in America still earn, on average, 81 cents for every dollar earned by a man. Over a lifetime women stand to lose an average of $380,000 because of the pay gap. We’ve written about it before and will keep writing and blogging and tweeting and talking about it until the gap is closed for good.
The outcome for the AZ workers is an important step forward in our efforts. We are committed to making equal pay a reality for everyone.
Shiu is the Director of OFCCP and Manzano-DÃaz is the Director of the Women’s Bureau. Both represent DOL on President Obama’s National Equal Pay Enforcement Task Force.
http://social.dol.gov/blog/astrazeneca-what-we-learned/
AstraZeneca: What We Learned
by PATRICIA SHIU AND SARA MANZANO-DIAZ on JUNE 9, 2011
This week, the U.S. Department of Labor announced a settlement in our pay discrimination lawsuit against one of the largest pharmaceutical companies in the world, AstraZeneca. The company is a federal contractor that receives more than $2 billion to supply drugs and medical equipment to VA hospitals and centers across the country.
The Labor Department’s Office of Federal Contract Compliance Programs found in its investigation that the company was discriminating against women by paying some of their female sales associates, on average, $1,700 less per year than men doing the same job. One hundred and twenty four AZ saleswomen will share in the $250,000 settlement.
Many of the women had no idea they were experiencing discrimination. That’s not surprising. How would they know what their male counterparts were making?
The long-term impact of this case is significant for the company: AZ has agreed to re-examine pay practices in offices across 13 states and DC. The company’s management has committed to correcting any problems that are found.
But this case is instructive on a larger scale, because it reminds us that solving the pay gap requires strong enforcement so businesses that do play by the rules and treat workers fairly don’t have to compete against those who do not.
To close the pay gap we need a better way to collect good data from employers so we can identify and root out discrimination. Better regulations regarding pay secrecy would allow women to talk openly about their salaries without fear of retaliation. And we must educate workers about their rights and employers of their obligations.
We’re tackling this problem from, well, A to Z. The OFCCP is aggressively going after employers who discriminate and making enforcement a top priority. The agency is proposing the creation of a new data tool to improve our ability to identify bad actors. We’re also updating our regulations and supporting legislative efforts to strengthen protections for workers.
The Women’s Bureau has been reaching out to researchers, experts, community groups, business leaders and workers to develop educational materials and find common sense solutions.
And we’ve both teamed up with our colleagues at the White House, Equal Employment Opportunity Commission, Department of Justice and Office of Personnel Management to address these issues in other ways as well.
The problem of pay equity is not a new one. Forty-eight years after President Kennedy signed the Equal Pay Act, women in America still earn, on average, 81 cents for every dollar earned by a man. Over a lifetime women stand to lose an average of $380,000 because of the pay gap. We’ve written about it before and will keep writing and blogging and tweeting and talking about it until the gap is closed for good.
The outcome for the AZ workers is an important step forward in our efforts. We are committed to making equal pay a reality for everyone.
Shiu is the Director of OFCCP and Manzano-DÃaz is the Director of the Women’s Bureau. Both represent DOL on President Obama’s National Equal Pay Enforcement Task Force.
Monday, April 25, 2011
DOL proposes rule to improve employment of protected veterans
mmdnewswire.com
Washington, DC (MMD Newswire) April 25, 2011 --
The U.S. Department of Labor's Office of Federal Contract Compliance Programs today announced a proposed rule to strengthen affirmative action requirements of federal contractors and subcontractors for veterans protected under the Vietnam Era Veterans' Readjustment Assistance Act of 1974. Veterans protected by VEVRAA include those with disabilities and those recently discharged as well as those who served during a war, campaign or expedition for which a campaign badge is authorized. The proposed rule will be published in the April 26 edition of the Federal Register.
"At the Labor Department, we support veterans as they seek meaningful ways to apply their talents to expand the American economy. By re-examining our affirmative action requirements, we will ensure that our nation's veterans are protected against discrimination and provided equal opportunity in the workforce," said OFCCP Director Patricia A. Shiu.
The award of a federal contract comes with a number of responsibilities. Among them are complying with non-discrimination and affirmative action provisions, engaging in meaningful and effective efforts to recruit and employ veterans protected under VEVRAA, and maintaining accurate records on affirmative action efforts. Failure to abide by these responsibilities may result in various sanctions, from withholding progress payments to termination of existing contracts and debarment from receiving future ones.
The framework articulating a contractor's responsibilities with respect to affirmative action, recruitment and placement has remained unchanged since 1976. Increasing numbers of veterans are returning from tours of duty, and many are faced with substantial obstacles in finding employment upon leaving the service.
The proposed rule clarifies mandatory job listing requirements, under which a contractor must provide job vacancy and contact information for each of its locations to an appropriate employment service delivery system. The rule proposes requiring contractors to engage in at least three specified types of outreach and recruitment efforts each year. In addition, the proposed rule would require that all applicants be invited to self-identify as a "protected veteran" before they are offered a job. Increasing data collection on job referrals, applicants and hires, and requiring contractors to establish hiring benchmarks to assist in measuring the effectiveness of their affirmative action efforts also are proposed.
Comments on the notice of proposed rulemaking must be submitted by June 25. Visit the federal e-rulemaking portal, http://www.regulations.gov, to submit comments.
In addition to VEVRAA, OFCCP's legal authority exists under Executive Order 11246 and Section 503 of the Rehabilitation Act of 1973. As amended, these three laws hold those who do business with the federal government, both contractors and subcontractors, to the fair and reasonable standard that they not discriminate in employment on the basis of gender, race, color, religion, national origin, disability or status as a protected veteran.
For general information, call OFCCP's toll-free helpline at 800-397-6251. Additional information is available at http://www.dol.gov/ofccp.
http://www.mmdnewswire.com/employment-of-protected-veterans-38146.html
Washington, DC (MMD Newswire) April 25, 2011 --
The U.S. Department of Labor's Office of Federal Contract Compliance Programs today announced a proposed rule to strengthen affirmative action requirements of federal contractors and subcontractors for veterans protected under the Vietnam Era Veterans' Readjustment Assistance Act of 1974. Veterans protected by VEVRAA include those with disabilities and those recently discharged as well as those who served during a war, campaign or expedition for which a campaign badge is authorized. The proposed rule will be published in the April 26 edition of the Federal Register.
"At the Labor Department, we support veterans as they seek meaningful ways to apply their talents to expand the American economy. By re-examining our affirmative action requirements, we will ensure that our nation's veterans are protected against discrimination and provided equal opportunity in the workforce," said OFCCP Director Patricia A. Shiu.
The award of a federal contract comes with a number of responsibilities. Among them are complying with non-discrimination and affirmative action provisions, engaging in meaningful and effective efforts to recruit and employ veterans protected under VEVRAA, and maintaining accurate records on affirmative action efforts. Failure to abide by these responsibilities may result in various sanctions, from withholding progress payments to termination of existing contracts and debarment from receiving future ones.
The framework articulating a contractor's responsibilities with respect to affirmative action, recruitment and placement has remained unchanged since 1976. Increasing numbers of veterans are returning from tours of duty, and many are faced with substantial obstacles in finding employment upon leaving the service.
The proposed rule clarifies mandatory job listing requirements, under which a contractor must provide job vacancy and contact information for each of its locations to an appropriate employment service delivery system. The rule proposes requiring contractors to engage in at least three specified types of outreach and recruitment efforts each year. In addition, the proposed rule would require that all applicants be invited to self-identify as a "protected veteran" before they are offered a job. Increasing data collection on job referrals, applicants and hires, and requiring contractors to establish hiring benchmarks to assist in measuring the effectiveness of their affirmative action efforts also are proposed.
Comments on the notice of proposed rulemaking must be submitted by June 25. Visit the federal e-rulemaking portal, http://www.regulations.gov, to submit comments.
In addition to VEVRAA, OFCCP's legal authority exists under Executive Order 11246 and Section 503 of the Rehabilitation Act of 1973. As amended, these three laws hold those who do business with the federal government, both contractors and subcontractors, to the fair and reasonable standard that they not discriminate in employment on the basis of gender, race, color, religion, national origin, disability or status as a protected veteran.
For general information, call OFCCP's toll-free helpline at 800-397-6251. Additional information is available at http://www.dol.gov/ofccp.
http://www.mmdnewswire.com/employment-of-protected-veterans-38146.html
Monday, February 14, 2011
Agencies collaborate against discrimination
1500 AM Federal News Radio
By Meg BeasleyReporterFederal News Radio
February 8, 2011 - 5:33am
The departments of Labor and Justice and the Equal Employment Opportunity Commission are joining to combat discrimination in the workplace.
Patricia Shiu, director of the Office of Federal Contract Compliance Programs (OFCCP) at Labor announced today that she will meet with EEOC chairwoman Jackie Barrien and assistant attorney general for civil rights Tom Perez, to figure how to collaborate on protecting employees' rights.
"Just as intelligence agencies must share information to protect our national security, so too must our civil rights agencies work together to safeguard the rights of all workers," said Shiu, during her keynote speech Monday at the Women's and Fair Practices Departments' 2011 Civil Rights Luncheon, hosted by the American Federation of Government Employees (AFGE).
Full Story and mp3 Download: http://www.federalnewsradio.com/index.php?nid=35&sid=2262982
By Meg BeasleyReporterFederal News Radio
February 8, 2011 - 5:33am
The departments of Labor and Justice and the Equal Employment Opportunity Commission are joining to combat discrimination in the workplace.
Patricia Shiu, director of the Office of Federal Contract Compliance Programs (OFCCP) at Labor announced today that she will meet with EEOC chairwoman Jackie Barrien and assistant attorney general for civil rights Tom Perez, to figure how to collaborate on protecting employees' rights.
"Just as intelligence agencies must share information to protect our national security, so too must our civil rights agencies work together to safeguard the rights of all workers," said Shiu, during her keynote speech Monday at the Women's and Fair Practices Departments' 2011 Civil Rights Luncheon, hosted by the American Federation of Government Employees (AFGE).
Full Story and mp3 Download: http://www.federalnewsradio.com/index.php?nid=35&sid=2262982
Tuesday, November 16, 2010
OFCCP inspection of I-9s: a thing of the past
Lexology
Seyfarth Shaw LLP
USA
November 12 2010
Insiders at the Office of Federal Contract Compliance Programs (OFCCP) have advised us that the agency will stop inspecting contractors’ Form I-9, Employment Eligibility Verification documentation during onsite compliance evaluations.
We have been told that on Tuesday, November 9, 2010, Patricia Shiu, Director of OFCCP, announced during an internal videoconference that the agency will stop exercising its authority to inspect I-9 audits during onsite investigations. Historically, OFCCP has conducted these inspections pursuant to a Memorandum of Understanding (MOU) between the Department of Labor and Immigration and Customs Enforcement (ICE), the enforcement division of the Department of Homeland Security. The MOU can be accessed here.
By ceasing I-9 inspections, OFCCP will be able to focus its audits on issues it has authority to remedy and resolve. Under the MOU, OFCCP does not have enforcement authority with respect to I-9s, and it cannot assess penalties or fines. Instead, it must refer I-9 compliance problems to ICE. By relinquishing I-9 inspection authority, OFCCP can concentrate its resources on the areas of importance under its Strategic Plan for 2010-2016, which was discussed in a prior Seyfarth Management Alert that can be accessed here. OFCCP does not appear to have reduced this new approach to writing, nor has it provided a timeline for when it will stop its I-9 inspections.
Full Story: http://www.lexology.com/library/detail.aspx?g=2be591fe-a739-40f0-81f3-2c25f342e662
Seyfarth Shaw LLP
USA
November 12 2010
Insiders at the Office of Federal Contract Compliance Programs (OFCCP) have advised us that the agency will stop inspecting contractors’ Form I-9, Employment Eligibility Verification documentation during onsite compliance evaluations.
We have been told that on Tuesday, November 9, 2010, Patricia Shiu, Director of OFCCP, announced during an internal videoconference that the agency will stop exercising its authority to inspect I-9 audits during onsite investigations. Historically, OFCCP has conducted these inspections pursuant to a Memorandum of Understanding (MOU) between the Department of Labor and Immigration and Customs Enforcement (ICE), the enforcement division of the Department of Homeland Security. The MOU can be accessed here.
By ceasing I-9 inspections, OFCCP will be able to focus its audits on issues it has authority to remedy and resolve. Under the MOU, OFCCP does not have enforcement authority with respect to I-9s, and it cannot assess penalties or fines. Instead, it must refer I-9 compliance problems to ICE. By relinquishing I-9 inspection authority, OFCCP can concentrate its resources on the areas of importance under its Strategic Plan for 2010-2016, which was discussed in a prior Seyfarth Management Alert that can be accessed here. OFCCP does not appear to have reduced this new approach to writing, nor has it provided a timeline for when it will stop its I-9 inspections.
Full Story: http://www.lexology.com/library/detail.aspx?g=2be591fe-a739-40f0-81f3-2c25f342e662
Monday, October 25, 2010
OFCCP's Director Talks about FY '11 Budget in Video
OFCCP's Director Patricia A. Shiu discusses the Fiscal Year 2011 budget and her priorities for the coming year in a video located on the OFCCP website. In the video, Director Shiu says, the 2011 budget request is for $113 million. The request will make it possible to maintain the 2010 staffing levels. The agency will broaden its enforcement efforts, renew its commitment to strengthen affirmative action and enforcement on behalf of women, minorities, veterans and individuals with disabilities. The program will also focus on individual cases of harassment, retaliation, termination and failure to promote. OFCCP will increase monitoring of contractor self audits and will renew its emphasis on construction reviews as well. The Secretary's vision of "good jobs for everyone" will mean that the agency will enforce the laws with the goal of protecting workers, the nation's "most important asset."
To view the video, go to: http://www.dol.gov/budget/videos.htm#shiu
To view the video, go to: http://www.dol.gov/budget/videos.htm#shiu
Monday, September 27, 2010
OFCCP Re-designs its Web Page
The Department of Labor's Office of Federal Contract Compliance Programs (OFCCP) has a newly re-designed web page. http://www.dol.gov/ofccp/ The new page includes the "Director's Corner" with messages from Director Patricia A. Shiu, Director Shiu's biography, information about OFCCP's mission and other information. At the bottom of the page, the agency also includes a link to the latest statistical data including Availability Statistics by geographic area and construction goals for women and minorities. The OFCCP Director's message follows:
Director's Corner
Welcome to the new online home of the Office of Federal Contract Compliance Programs (OFCCP). Forty-five years ago, President Lyndon B. Johnson signed an Executive Order that set a standard for equal opportunity and fundamental fairness in the way our government does business. Out of that order, OFCCP was born.
OFCCP is one of the leading civil rights agencies in the federal government, dedicated to protecting American workers from discrimination in the work force. Our job is to make sure that taxpayer dollars are never used to discriminate and that those who do business with the federal government-contractors and subcontractors-live up to the very reasonable standard that they must not discriminate on the basis of gender, race, color, religion, national origin, disability or status as a protected veteran.
To put it simply, we are responsible for leveling the playing field so that the reach for good jobs is truly within the grasp of everyone.
As we mark 45 years of protecting workers, promoting diversity and enforcing the law, we are proud to unveil a new look for our website, one that will provide you with better information about what we do, greater access to the resources we offer and increased transparency on how we are ensuring that establishments who have the privilege of doing business with the government are meeting their obligations to open doors of opportunity for those who seek work and those who are at work.
We hope you will browse these pages, learn about our activities and stay in touch with us. When President Johnson signed that Executive Order 45 years ago, he did so with great courage. President Obama, Secretary Solis and the men and women of OFCCP honor that act of courage every day by working to turn the promise of equal opportunity into the reality of good jobs for everyone.
~ Patricia A. Shiu
To see the Director's Corner, go to: http://www.dol.gov/ofccp/about/DirectorsCorner.htm
To visit the website's home page, go to: http://www.dol.gov/ofccp/
Director's Corner
Welcome to the new online home of the Office of Federal Contract Compliance Programs (OFCCP). Forty-five years ago, President Lyndon B. Johnson signed an Executive Order that set a standard for equal opportunity and fundamental fairness in the way our government does business. Out of that order, OFCCP was born.
OFCCP is one of the leading civil rights agencies in the federal government, dedicated to protecting American workers from discrimination in the work force. Our job is to make sure that taxpayer dollars are never used to discriminate and that those who do business with the federal government-contractors and subcontractors-live up to the very reasonable standard that they must not discriminate on the basis of gender, race, color, religion, national origin, disability or status as a protected veteran.
To put it simply, we are responsible for leveling the playing field so that the reach for good jobs is truly within the grasp of everyone.
As we mark 45 years of protecting workers, promoting diversity and enforcing the law, we are proud to unveil a new look for our website, one that will provide you with better information about what we do, greater access to the resources we offer and increased transparency on how we are ensuring that establishments who have the privilege of doing business with the government are meeting their obligations to open doors of opportunity for those who seek work and those who are at work.
We hope you will browse these pages, learn about our activities and stay in touch with us. When President Johnson signed that Executive Order 45 years ago, he did so with great courage. President Obama, Secretary Solis and the men and women of OFCCP honor that act of courage every day by working to turn the promise of equal opportunity into the reality of good jobs for everyone.
~ Patricia A. Shiu
To see the Director's Corner, go to: http://www.dol.gov/ofccp/about/DirectorsCorner.htm
To visit the website's home page, go to: http://www.dol.gov/ofccp/
Saturday, September 25, 2010
5 Things the Director Of OFCCP Wants You To Know
HR.BLR.com
July 1, 2010
What would Patricia Shiu, director of the Office of Federal Contract Compliance Programs (OFCCP) like contractors to know about OFCCP’s strategic plan for 2010 through 2016?
Director Shiu “sat down” with contractors in a live Web chat this Spring to talk about OFCCP’s strategic plan and here are the top five things she mentioned:
#1—OFCCP wants to hear from you. Director Shiu stressed that “the purpose of [the agency’s Web chats] is for OFCCP to listen to your ideas and comments about our strategic plan, goals, and outcomes before they are finalized.”
The director highlighted the novel nature of the agency’s open approach, saying “If you are thinking, ‘OFCCP has never asked for my opinion about its strategic plan, goals, and outcomes before,’ you are correct. No prior OFCCP strategic plan has ever benefited from the level of outreach and information gathering that this plan will.”
#2—OFCCP is working toward More consistency among regions.
Full Story: http://hr.blr.com/HR-news/Discrimination/Affirmative-Action/5-Things-the-Director-Of-OFCCP-Wants-You-To-Know-/
July 1, 2010
What would Patricia Shiu, director of the Office of Federal Contract Compliance Programs (OFCCP) like contractors to know about OFCCP’s strategic plan for 2010 through 2016?
Director Shiu “sat down” with contractors in a live Web chat this Spring to talk about OFCCP’s strategic plan and here are the top five things she mentioned:
#1—OFCCP wants to hear from you. Director Shiu stressed that “the purpose of [the agency’s Web chats] is for OFCCP to listen to your ideas and comments about our strategic plan, goals, and outcomes before they are finalized.”
The director highlighted the novel nature of the agency’s open approach, saying “If you are thinking, ‘OFCCP has never asked for my opinion about its strategic plan, goals, and outcomes before,’ you are correct. No prior OFCCP strategic plan has ever benefited from the level of outreach and information gathering that this plan will.”
#2—OFCCP is working toward More consistency among regions.
Full Story: http://hr.blr.com/HR-news/Discrimination/Affirmative-Action/5-Things-the-Director-Of-OFCCP-Wants-You-To-Know-/
Thursday, August 5, 2010
OFCCP Director Speaks at NILG Meeting
Director of the Office of Federal Contract Compliance Programs, Patricia Shiu
Remarks as Prepared for Delivery
Keynote Speech to the National Industry Liaison GroupAugust 4, 2010 Las Vegas, Nevada
Good morning! Thank you very much for the honor of inviting me to speak today. This is a marvelous location, a surprisingly beautiful place to hold this event. I would like to take the opportunity to thank conference co-chairs, John Garza, Flossie Chrstensen, and Geoff Johnson. I would also like to thank my Regional Director Bill Smitherman for his leadership in hosting this conference. I view the ILG as an important stakeholder and partner in OFCCP's quest for making equal employment opportunity a reality for all workers. Today I want to share some of my thoughts about the world of work with you.
We all live in a world today where work is a very different phenomenon than it was sixty, or even fifty years ago. Let us take a glimpse of what the world of work looks like today, and what it holds for this country's future.
In the 1960's and 1970's women entered the workforce in droves. Women currently comprise approximately 50% of the labor force. They come from all walks of life, and work in all occupations and professions. This is an unprecedented change from the post World War II era when many women resumed their primary roles — after serving the war effort — think of Rosie the Riveter — as family care takers. Today, most families — whatever their composition — have at least two members who work in some sort of gainful employment in order to sustain themselves. Today, caretakers of children — usually that means women — often work outside the home, frequently full-time. Not necessarily because they want to, but out of sheer economic necessity.
Today, female wage earners are often primary wage earners, and not just in families where they are the heads of households. For the overwhelming number of American families, a female worker's wages are necessary for the family to survive.
Pay equity is a family issue. It is an economic recovery issue. This is no time for any family to earn less in this economy.
It is no secret that the wage gap persists between men and women, and that this gap is even higher for women of color. Despite the fact that President Kennedy signed the Equal Pay Act into law 47 years ago, with the express intention of closing this gap, the gap remains — some 47 years later.
And this wage differential has significant ramifications for families and for women, and not just for a brief time, but for years. Women, who are paid less, earn less — and often for a lifetime — not just once. This means that they have fewer resources to raise their families which affects where families live, what families eat, how much time mothers and fathers can spend with their children at home because as we all know — more time spent at work means less time for the family, for homework, for simply being with your children which is a critical part of raising a child.
This pay gap affects whether families can spend quality time together, provide educational and cultural opportunities like music and dance lessons, can afford to pay for college — critical decisions of access that depend largely, as we all know, on how much an individual earns. For those of you who have lived on a budget, being paid more — even 23 cents more per hour, can mean the difference between living from paycheck to paycheck to living with a little breathing room, and with less stress trying to make ends meet, when one is constantly worrying about the next unanticipated emergency for which there is no extra cash. This is the reality behind the wage gap — the real story — and its affect on the lives of families is stark, and must be addressed.
One prominent labor economist has opined that if we could close the pay gap, we could cut in half the number of children living in poverty in this country. Think about that for one moment. That is an incredible gift to our country, and to our children.
Perhaps the person who best explained what I have just described is Lily Ledbetter. She talked about her own experience as a family wage earner, how she was paid less than a man doing the exact same work, and how it affected her family.
I had the distinct pleasure of hearing Lily Ledbetter speak at a White House Middle Class Task Force Event where Vice President Biden announced many of the inroads that the President, his administration, and Secretary Hilda Solis and the Department of Labor, are making to level the playing field for workers. As many of you know, Lily Ledbetter worked for years for a company where she earned less than a man doing the exact same work. She only learned of this pay discrepancy when somebody passed her an anonymous note. She took her case to court, and won but the Supreme Court overturned that verdict, stating that she could not seek pay beyond her last pay check, not for the years that she was underpaid. President Obama signed the Lily Ledbetter Act soon after he took office — in essence to reinstate the state of the law prior to the Supreme Court's decision. Unfortunately, this is not just Lily Ledbetter's story; it is the story and the reality for millions of working families.
Women who are paid less have less social security upon which to rely when it is time for them to retire. And of course their pensions are less because they have earned less money over the course of their working lives and therefore have less money to put away for saving. Translated into real terms, this means that they have less money to live on when they grow old and less money to support their ailing spouses. And supporting ailing spouses is just one example of the dual role that both men and women — most often women play as care takers.
Our country is growing older, and the baby boomer generation is aging. And with this development comes the increased demand for care taking of elderly parents, siblings, and spouses. The necessity of providing family leave, reasonable accommodations and work-place flexibility is no longer an "option" or an "extra fringe benefit." The world of work today — especially for the United States which operates in a global economy — demands that we address the competing demands of work and family with which so many workers face. And who is the next generation of workers, the ones that so many families are caring for today?
Examining the racial and national origin demographic face of this country, it is clear that this aspect of the world of work has changed as well. Indeed, the educational landscape of this country reflects these dramatic changes. These changes have significant ramifications for our future work force, their skill sets, language capacity, and access to important educational opportunities. Hispanics are one of the fastest growing minority groups in this country, yet a substantial percentage of Hispanic youth do not graduate from high school. African-American students tend to lag behind Asians and Caucasians, and Native American students lag behind even further.
Some Asian students — although not most Southeast Asian students — tend to do well academically, but the gap persists. Those who come from language communities where they are among the first generation are plagued by many of the same challenges as Hispanic and African-American students. Clearly, we as a country have much work ahead us to ensure that excellent public education — the great equalizer — is available for all of us, not just some of us.
Finally, the unemployment rate affects everyone. People with disabilities, Black men, and Native Americans share the dubious distinction of persistent and alarmingly high rates of unemployment and underemployment. Thankfully, we are beginning to see a slow increase in the growth of our economy. We should remember that only two years ago this country faced a major economic depression, and we have escaped that imminent threat. But President Obama warned us repeatedly that saving this economy from the brink of disaster would take time — and it did. He also reminded us that revitalizing this economy would take time, and it has, but we are making progress. In fact, Secretary Solis has distributed $800,000,000 in grants to help create jobs and fund job training programs. ARRA money — the Recovery Act money — has been spent to rebuild our ailing infrastructure and on many other projects which have created jobs.
With all of this in mind, what are the challenges that we face in making equal employment opportunity a reality. Here is what OFCCP is doing to address some of these issues.
The OFCCP is working on pay equity issues. As a member of the White House Task Force on Pay Equity, the Department of Labor, and specifically the OFCCP is playing a leading role on this issue with our partners the Equal Employment Opportunity Commission, the Department of Justice, and the Office of Personnel Management. The goal is pay equity, and the federal government is holding itself accountable as well. The OPM is examining how it will further reduce the wage disparity between male and female employees working for the federal government.
The OFCCP will rescind the 2006 Guidance, and will issue an Advanced Notice of Proposed Rulemaking to solicit your ideas and views about the new wage data collection instrument.
The EEOC and the OFCCP have embarked on a new path of partnership and leadership that will help to guide the civil rights agenda for this country. I am so pleased to have the opportunity to work closely with my dear colleague, Jackie Berrien, the Chair of the EEOC, who is also here today. She is deeply committed to the well-being of workers, and we share a philosophical belief in the importance of work to each individual. Our work together on implementing the White House Pay Equity Initiative affords our respective agencies the unique opportunity to work in concert on these and so many of the other pressing issues that workers face. I look forward to working closely with her and my other colleagues at the EEOC and the Department of Justice.
Just a few weeks ago, the OFCCP issued an Advanced Notice of Proposed Rulemaking to solicit your ideas and views about the following topics:
Employment practices that have been effective in recruiting, hiring, advancing, and retaining qualified individuals with disabilities;
The availability of data that could be used to establish hiring goals and conduct utilization analyses of individuals with disabilities; and
How linkage agreements between Federal contractors and organizations that focus on the employment of qualified individuals with disabilities can be strengthened to increase effectiveness.
The reality is that people with disabilities are unemployed and underemployed at alarming rates. According to the U.S. Department of Labor's Bureau of Labor Statistics, only 22.5% of people with disabilities were in the labor force as of March 2010 in comparison with 70.2% of people without disabilities. I am so pleased to work closely with my dear colleague, Assistant Secretary Kathy Martinez, a formidable civil rights leader whose passion for these issues is infectious.
Yesterday, I spoke with many of you about OFCCP's full regulatory agenda, and many of you know about of our efforts to strengthen affirmative action for protected veterans, and for women and minorities in the construction industry.
With respect to enforcement, the OFCCP is working to transform its enforcement procedures to be more effective, more efficient, and more pro-active. The OFCCP staff across the country is stepping up their investigations and audits, ensuring accuracy, thoroughness, and quality outcomes. Excellence is the standard.
Speaking of enforcement, and in particular OFCCP's Functional Affirmative Action Program, I would like to make a request. All of you can help me if you would. Mr. Jim Pierce, OFCCP Deputy Director of Operations, will be leading a discussion on OFCCP's FAAP program. I am examining whether this program should continue, and if so in what form. Please use this time with Jim to share your views on how the FAAP works in your company, why it promotes affirmative, how it promotes affirmative action, how you measure results, how you know your results are accurate, and what steps you take to adapt your AAP when necessary, and how you know when it is necessary to do so. Your willingness to share your views today, and most importantly, the details of these questions will go along way in my exploration and consideration of this important program.
This is a historic time in this country for the world of work. It is our combined efforts that will enhance that world for workers and their families. We can embrace the challenges that face us — daunting as they may be — they are not insurmountable. America has always been known for its creativity, for its fortitude, its willingness to go the extra mile, and for its compassion. We have a real opportunity to improve the lives of workers and their families — to realize the goal of equal employment opportunity for all workers. I invite you to join me in that endeavor. Thank you.
We all live in a world today where work is a very different phenomenon than it was sixty, or even fifty years ago. Let us take a glimpse of what the world of work looks like today, and what it holds for this country's future.
In the 1960's and 1970's women entered the workforce in droves. Women currently comprise approximately 50% of the labor force. They come from all walks of life, and work in all occupations and professions. This is an unprecedented change from the post World War II era when many women resumed their primary roles — after serving the war effort — think of Rosie the Riveter — as family care takers. Today, most families — whatever their composition — have at least two members who work in some sort of gainful employment in order to sustain themselves. Today, caretakers of children — usually that means women — often work outside the home, frequently full-time. Not necessarily because they want to, but out of sheer economic necessity.
Today, female wage earners are often primary wage earners, and not just in families where they are the heads of households. For the overwhelming number of American families, a female worker's wages are necessary for the family to survive.
Pay equity is a family issue. It is an economic recovery issue. This is no time for any family to earn less in this economy.
It is no secret that the wage gap persists between men and women, and that this gap is even higher for women of color. Despite the fact that President Kennedy signed the Equal Pay Act into law 47 years ago, with the express intention of closing this gap, the gap remains — some 47 years later.
And this wage differential has significant ramifications for families and for women, and not just for a brief time, but for years. Women, who are paid less, earn less — and often for a lifetime — not just once. This means that they have fewer resources to raise their families which affects where families live, what families eat, how much time mothers and fathers can spend with their children at home because as we all know — more time spent at work means less time for the family, for homework, for simply being with your children which is a critical part of raising a child.
This pay gap affects whether families can spend quality time together, provide educational and cultural opportunities like music and dance lessons, can afford to pay for college — critical decisions of access that depend largely, as we all know, on how much an individual earns. For those of you who have lived on a budget, being paid more — even 23 cents more per hour, can mean the difference between living from paycheck to paycheck to living with a little breathing room, and with less stress trying to make ends meet, when one is constantly worrying about the next unanticipated emergency for which there is no extra cash. This is the reality behind the wage gap — the real story — and its affect on the lives of families is stark, and must be addressed.
One prominent labor economist has opined that if we could close the pay gap, we could cut in half the number of children living in poverty in this country. Think about that for one moment. That is an incredible gift to our country, and to our children.
Perhaps the person who best explained what I have just described is Lily Ledbetter. She talked about her own experience as a family wage earner, how she was paid less than a man doing the exact same work, and how it affected her family.
I had the distinct pleasure of hearing Lily Ledbetter speak at a White House Middle Class Task Force Event where Vice President Biden announced many of the inroads that the President, his administration, and Secretary Hilda Solis and the Department of Labor, are making to level the playing field for workers. As many of you know, Lily Ledbetter worked for years for a company where she earned less than a man doing the exact same work. She only learned of this pay discrepancy when somebody passed her an anonymous note. She took her case to court, and won but the Supreme Court overturned that verdict, stating that she could not seek pay beyond her last pay check, not for the years that she was underpaid. President Obama signed the Lily Ledbetter Act soon after he took office — in essence to reinstate the state of the law prior to the Supreme Court's decision. Unfortunately, this is not just Lily Ledbetter's story; it is the story and the reality for millions of working families.
Women who are paid less have less social security upon which to rely when it is time for them to retire. And of course their pensions are less because they have earned less money over the course of their working lives and therefore have less money to put away for saving. Translated into real terms, this means that they have less money to live on when they grow old and less money to support their ailing spouses. And supporting ailing spouses is just one example of the dual role that both men and women — most often women play as care takers.
Our country is growing older, and the baby boomer generation is aging. And with this development comes the increased demand for care taking of elderly parents, siblings, and spouses. The necessity of providing family leave, reasonable accommodations and work-place flexibility is no longer an "option" or an "extra fringe benefit." The world of work today — especially for the United States which operates in a global economy — demands that we address the competing demands of work and family with which so many workers face. And who is the next generation of workers, the ones that so many families are caring for today?
Examining the racial and national origin demographic face of this country, it is clear that this aspect of the world of work has changed as well. Indeed, the educational landscape of this country reflects these dramatic changes. These changes have significant ramifications for our future work force, their skill sets, language capacity, and access to important educational opportunities. Hispanics are one of the fastest growing minority groups in this country, yet a substantial percentage of Hispanic youth do not graduate from high school. African-American students tend to lag behind Asians and Caucasians, and Native American students lag behind even further.
Some Asian students — although not most Southeast Asian students — tend to do well academically, but the gap persists. Those who come from language communities where they are among the first generation are plagued by many of the same challenges as Hispanic and African-American students. Clearly, we as a country have much work ahead us to ensure that excellent public education — the great equalizer — is available for all of us, not just some of us.
Finally, the unemployment rate affects everyone. People with disabilities, Black men, and Native Americans share the dubious distinction of persistent and alarmingly high rates of unemployment and underemployment. Thankfully, we are beginning to see a slow increase in the growth of our economy. We should remember that only two years ago this country faced a major economic depression, and we have escaped that imminent threat. But President Obama warned us repeatedly that saving this economy from the brink of disaster would take time — and it did. He also reminded us that revitalizing this economy would take time, and it has, but we are making progress. In fact, Secretary Solis has distributed $800,000,000 in grants to help create jobs and fund job training programs. ARRA money — the Recovery Act money — has been spent to rebuild our ailing infrastructure and on many other projects which have created jobs.
With all of this in mind, what are the challenges that we face in making equal employment opportunity a reality. Here is what OFCCP is doing to address some of these issues.
The OFCCP is working on pay equity issues. As a member of the White House Task Force on Pay Equity, the Department of Labor, and specifically the OFCCP is playing a leading role on this issue with our partners the Equal Employment Opportunity Commission, the Department of Justice, and the Office of Personnel Management. The goal is pay equity, and the federal government is holding itself accountable as well. The OPM is examining how it will further reduce the wage disparity between male and female employees working for the federal government.
The OFCCP will rescind the 2006 Guidance, and will issue an Advanced Notice of Proposed Rulemaking to solicit your ideas and views about the new wage data collection instrument.
The EEOC and the OFCCP have embarked on a new path of partnership and leadership that will help to guide the civil rights agenda for this country. I am so pleased to have the opportunity to work closely with my dear colleague, Jackie Berrien, the Chair of the EEOC, who is also here today. She is deeply committed to the well-being of workers, and we share a philosophical belief in the importance of work to each individual. Our work together on implementing the White House Pay Equity Initiative affords our respective agencies the unique opportunity to work in concert on these and so many of the other pressing issues that workers face. I look forward to working closely with her and my other colleagues at the EEOC and the Department of Justice.
Just a few weeks ago, the OFCCP issued an Advanced Notice of Proposed Rulemaking to solicit your ideas and views about the following topics:
Employment practices that have been effective in recruiting, hiring, advancing, and retaining qualified individuals with disabilities;
The availability of data that could be used to establish hiring goals and conduct utilization analyses of individuals with disabilities; and
How linkage agreements between Federal contractors and organizations that focus on the employment of qualified individuals with disabilities can be strengthened to increase effectiveness.
The reality is that people with disabilities are unemployed and underemployed at alarming rates. According to the U.S. Department of Labor's Bureau of Labor Statistics, only 22.5% of people with disabilities were in the labor force as of March 2010 in comparison with 70.2% of people without disabilities. I am so pleased to work closely with my dear colleague, Assistant Secretary Kathy Martinez, a formidable civil rights leader whose passion for these issues is infectious.
Yesterday, I spoke with many of you about OFCCP's full regulatory agenda, and many of you know about of our efforts to strengthen affirmative action for protected veterans, and for women and minorities in the construction industry.
With respect to enforcement, the OFCCP is working to transform its enforcement procedures to be more effective, more efficient, and more pro-active. The OFCCP staff across the country is stepping up their investigations and audits, ensuring accuracy, thoroughness, and quality outcomes. Excellence is the standard.
Speaking of enforcement, and in particular OFCCP's Functional Affirmative Action Program, I would like to make a request. All of you can help me if you would. Mr. Jim Pierce, OFCCP Deputy Director of Operations, will be leading a discussion on OFCCP's FAAP program. I am examining whether this program should continue, and if so in what form. Please use this time with Jim to share your views on how the FAAP works in your company, why it promotes affirmative, how it promotes affirmative action, how you measure results, how you know your results are accurate, and what steps you take to adapt your AAP when necessary, and how you know when it is necessary to do so. Your willingness to share your views today, and most importantly, the details of these questions will go along way in my exploration and consideration of this important program.
This is a historic time in this country for the world of work. It is our combined efforts that will enhance that world for workers and their families. We can embrace the challenges that face us — daunting as they may be — they are not insurmountable. America has always been known for its creativity, for its fortitude, its willingness to go the extra mile, and for its compassion. We have a real opportunity to improve the lives of workers and their families — to realize the goal of equal employment opportunity for all workers. I invite you to join me in that endeavor. Thank you.
Monday, May 17, 2010
AAAA meets with Federal agency officials and Federal EEO employee representatives
On May 13th, representatives from the American Association for Affirmative Action (AAAA), board members John Gonzales, Julia Fuentes, Gregory Chambers, former Professional Development and Training Institute Chair Marjorie Powell and AAAA Executive Director Shirley Wilcher, met with representatives from three of the federal civil rights enforcement agencies: the Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP), the Equal Employment Opportunity Commission (EEOC) and the Department of Education’s Office for Civil Rights (OCR). AAAA also met with representatives of the federal EEO employees’ organization. This is part of an ongoing effort to introduce AAAA to the new leadership of the civil rights enforcement agencies since the election of President Barack Obama.
At the OFCCP, AAAA visited with OFCCP Director Patricia A. Shiu. Director Shiu noted the emphasis that the agency is placing on the affirmative action issues facing veterans and individuals with disabilities. The agency is also meeting with stakeholder groups on the construction regulations. Director Shiu has called for a moratorium on the Functional Affirmative Action Plan program while the agency reviews its efficacy. The Functional Affirmative Action Plans requests for renewal or for approval (for new requests) are put on hold upon further review of what is going to be done with the FAAP program. The DOL is also continuing the emphasis on compensation issues/equal pay. OFCCP is reviewing the Federal Contract Compliance Manual as well. Director Shiu urged AAAA to comment on the proposed regulations when they are published and thought that the organization could be helpful with linkages. As for the publication of formulae on adverse impact and compensation, she noted that this was a DOL policy issue and would have to be decided at that level. AAAA offered to serve as a resource and to engage in “reverse compliance assistance” where possible on higher education. OFCCP will conduct a webinar for AAAA in the coming months.
AAAA noted the anecdotal data that show the diminishing presence of EEO and Affirmative Action officers in the workplace. Director Shiu expressed an interest in seeing the results of any survey that AAAA conducts to further research the extent of this phenomenon.
At the EEOC, the AAAA representatives met with EEOC Commissioner Stuart Ishimaru and discussed the E-Race Initiative begun during the administration of Naomi Earp. He noted that issues of race discrimination continued to need emphasis, even while EEOC takes on other important issues. Other issues that Commissioner Ishimaru was concerned with include technology, helping younger people to know their rights, the changing demographics and ways to reach different constituencies. It was suggested that EEOC add more resource tools for employers who want to audit themselves and to be proactive in promoting equal employment opportunity.
The issue of diversity in higher education was a major discussion point with the Office for Civil Rights meeting. AAAA met with Deputy Assistant Secretary Ricardo Soto and his colleagues. We urged the agency to clarify the responsibilities of colleges and universities since the Grutter decision on affirmative action, and provide guidance and best practices so that colleges and universities can comply with the new administration’s civil rights enforcement expectations. We also discussed workforce preparation challenges at the K-12 levels and the continuing importance of eliminating barriers to equal education opportunity. DAS Soto noted that OCR has 600 FTEs (staff) and conducts 6300 complaint investigations per year. The goal is to process each complaint within 180 days. In 2010, OCR plans to conduct 38 compliance reviews.
--SJW 5/17/10
At the OFCCP, AAAA visited with OFCCP Director Patricia A. Shiu. Director Shiu noted the emphasis that the agency is placing on the affirmative action issues facing veterans and individuals with disabilities. The agency is also meeting with stakeholder groups on the construction regulations. Director Shiu has called for a moratorium on the Functional Affirmative Action Plan program while the agency reviews its efficacy. The Functional Affirmative Action Plans requests for renewal or for approval (for new requests) are put on hold upon further review of what is going to be done with the FAAP program. The DOL is also continuing the emphasis on compensation issues/equal pay. OFCCP is reviewing the Federal Contract Compliance Manual as well. Director Shiu urged AAAA to comment on the proposed regulations when they are published and thought that the organization could be helpful with linkages. As for the publication of formulae on adverse impact and compensation, she noted that this was a DOL policy issue and would have to be decided at that level. AAAA offered to serve as a resource and to engage in “reverse compliance assistance” where possible on higher education. OFCCP will conduct a webinar for AAAA in the coming months.
AAAA noted the anecdotal data that show the diminishing presence of EEO and Affirmative Action officers in the workplace. Director Shiu expressed an interest in seeing the results of any survey that AAAA conducts to further research the extent of this phenomenon.
At the EEOC, the AAAA representatives met with EEOC Commissioner Stuart Ishimaru and discussed the E-Race Initiative begun during the administration of Naomi Earp. He noted that issues of race discrimination continued to need emphasis, even while EEOC takes on other important issues. Other issues that Commissioner Ishimaru was concerned with include technology, helping younger people to know their rights, the changing demographics and ways to reach different constituencies. It was suggested that EEOC add more resource tools for employers who want to audit themselves and to be proactive in promoting equal employment opportunity.
The issue of diversity in higher education was a major discussion point with the Office for Civil Rights meeting. AAAA met with Deputy Assistant Secretary Ricardo Soto and his colleagues. We urged the agency to clarify the responsibilities of colleges and universities since the Grutter decision on affirmative action, and provide guidance and best practices so that colleges and universities can comply with the new administration’s civil rights enforcement expectations. We also discussed workforce preparation challenges at the K-12 levels and the continuing importance of eliminating barriers to equal education opportunity. DAS Soto noted that OCR has 600 FTEs (staff) and conducts 6300 complaint investigations per year. The goal is to process each complaint within 180 days. In 2010, OCR plans to conduct 38 compliance reviews.
--SJW 5/17/10
Thursday, March 25, 2010
Legal Alert: OFCCP Update
Legal Alert: OFCCP Update
Ford & Harrison LLP Email
As promised, OFCCP Director Patricia Shiu has ramped up enforcement for covered contractors and has expanded the focus of compliance reviews to include a detailed review of contractors' compliance with Section 503 of the Rehabilitation Act and VEVRAA.
OFCCP is giving heightened scrutiny to disabled and veterans issues. Contractors selected for compliance reviews should be prepared to provide documentation of outreach and positive recruitment for covered disabled individuals and veterans in the event an onsite is scheduled.
The contractor should also be able to document outreach and positive recruitment for individuals with disabilities in accordance with Section 503 of the Rehabilitation Act of 1973 as well as VEVRAA. The OFCCP is reviewing information such as:
Number of partnerships with local veteran or disabled organizations;
Established liaisons with the state work force agency job bank and the Department of Vocational Rehabilitation to facilitate postings of job listings;
The number of veterans and individuals with disabilities hired during the period under review;
Recruitment efforts at educational institutions to reach potential applicants for qualified covered veterans and/or individuals with disabilities;
The number of job advertisements in the local community targeting veterans and targeted recruitment of qualified covered veterans and/or disabled individuals during company career days or related activities within local communities;
Affirmative steps taken to attract qualified special disabled or covered veterans through the nearest Veterans Administration job placement program;
The number of on-the-job training opportunities provided to covered veterans and disabled employees;
Lists of veteran and disabled recruitment sources, contacts for these sources and lists of applicants referred from each source, which includes veteran and/or disabled status and disposition.
Contractors should ensure that their workplaces are accessible for the disabled. Look at your facility and make sure that individuals with disabilities can access the personnel office, and that reasonable accommodations are in place to ensure disabled individuals can apply for jobs online or in person.
The contractor should have available names of the employees who have requested an accommodation under the ADA or the Rehabilitation Act, or used FMLA or USERRA. During an onsite investigation, the OFCCP agent may ask to interview these people. OFCCP will permit the contractor's attorney to be present during an interview of management witnesses. However, attorneys will not be permitted to be present during interviews of non-management witnesses.
For further information, contact the Ford & Harrison attorney with whom you normally work or the attorneys in the Affirmative Action Compliance Group including Bennet Alsher, balsher@fordharrison.com, 404-888-3852; Linda Cavanna-Wilk, lcavanna-wilk@fordharrison.com, 212-453-5923; Michelle Harkavy, mharkavy@fordharrison.com, 901-291-1533; and Karen Tyner at ktyner@fordharrison.com, 864-699-1134
Linda Cavanna-Wilk is a member of the AAAA Professional Development and Training Institute Faculty
Ford & Harrison LLP Email
As promised, OFCCP Director Patricia Shiu has ramped up enforcement for covered contractors and has expanded the focus of compliance reviews to include a detailed review of contractors' compliance with Section 503 of the Rehabilitation Act and VEVRAA.
OFCCP is giving heightened scrutiny to disabled and veterans issues. Contractors selected for compliance reviews should be prepared to provide documentation of outreach and positive recruitment for covered disabled individuals and veterans in the event an onsite is scheduled.
The contractor should also be able to document outreach and positive recruitment for individuals with disabilities in accordance with Section 503 of the Rehabilitation Act of 1973 as well as VEVRAA. The OFCCP is reviewing information such as:
Number of partnerships with local veteran or disabled organizations;
Established liaisons with the state work force agency job bank and the Department of Vocational Rehabilitation to facilitate postings of job listings;
The number of veterans and individuals with disabilities hired during the period under review;
Recruitment efforts at educational institutions to reach potential applicants for qualified covered veterans and/or individuals with disabilities;
The number of job advertisements in the local community targeting veterans and targeted recruitment of qualified covered veterans and/or disabled individuals during company career days or related activities within local communities;
Affirmative steps taken to attract qualified special disabled or covered veterans through the nearest Veterans Administration job placement program;
The number of on-the-job training opportunities provided to covered veterans and disabled employees;
Lists of veteran and disabled recruitment sources, contacts for these sources and lists of applicants referred from each source, which includes veteran and/or disabled status and disposition.
Contractors should ensure that their workplaces are accessible for the disabled. Look at your facility and make sure that individuals with disabilities can access the personnel office, and that reasonable accommodations are in place to ensure disabled individuals can apply for jobs online or in person.
The contractor should have available names of the employees who have requested an accommodation under the ADA or the Rehabilitation Act, or used FMLA or USERRA. During an onsite investigation, the OFCCP agent may ask to interview these people. OFCCP will permit the contractor's attorney to be present during an interview of management witnesses. However, attorneys will not be permitted to be present during interviews of non-management witnesses.
For further information, contact the Ford & Harrison attorney with whom you normally work or the attorneys in the Affirmative Action Compliance Group including Bennet Alsher, balsher@fordharrison.com, 404-888-3852; Linda Cavanna-Wilk, lcavanna-wilk@fordharrison.com, 212-453-5923; Michelle Harkavy, mharkavy@fordharrison.com, 901-291-1533; and Karen Tyner at ktyner@fordharrison.com, 864-699-1134
Linda Cavanna-Wilk is a member of the AAAA Professional Development and Training Institute Faculty
Monday, November 2, 2009
OFCCP News: Veterans and Disability Issues to Top OFCCP Agenda
AAAA has learned that the Department of Labor's Office of Federal Contract Compliance Programs (OFCCP) will emphasize veterans' and disability employment issues during the administration of Director Patricia Shiu. A civil rights lawyer from San Francisco, Ms. Shiu indicated that issues of equal pay will also receive major consideration.
In a celebration for retiring former OFCCP Deputy Director Leonard Biermann given by the National Employment Law Institute, former OFCCP officials gathered to pay homage to Biermann's contributions to the agency and to civil rights. The celebration occurred on October 29, 2009 in Washington, DC. Among the attendees were Susan Meisinger, former deputy under secretary of Labor, and former OFCCP directors Weldon Rougeau, Ellen Shong Bergman, Jaime Ramon, Charles James, Shirley Wilcher, and Carrie Dominguez. Other OFCCP and DOL officials who participated in the celebration included Harold Busch, Lorenzo Harrison, John Fox (who organized the event), Annie Blackwell, James Henry and Robert Greaux.
New OFCCP personnel include: Lorenzo Harrison, appointed OFCCP deputy director (career), former regional director for the New England and Mid-Atlantic Regions; Bruce Bohanan, Director of the Division of Program Policy and Planning and a former ETA and OFCCP official; and Patsy Blackshear, who has returned as Director of Program Operations, OFCCP National Office.
In a celebration for retiring former OFCCP Deputy Director Leonard Biermann given by the National Employment Law Institute, former OFCCP officials gathered to pay homage to Biermann's contributions to the agency and to civil rights. The celebration occurred on October 29, 2009 in Washington, DC. Among the attendees were Susan Meisinger, former deputy under secretary of Labor, and former OFCCP directors Weldon Rougeau, Ellen Shong Bergman, Jaime Ramon, Charles James, Shirley Wilcher, and Carrie Dominguez. Other OFCCP and DOL officials who participated in the celebration included Harold Busch, Lorenzo Harrison, John Fox (who organized the event), Annie Blackwell, James Henry and Robert Greaux.
New OFCCP personnel include: Lorenzo Harrison, appointed OFCCP deputy director (career), former regional director for the New England and Mid-Atlantic Regions; Bruce Bohanan, Director of the Division of Program Policy and Planning and a former ETA and OFCCP official; and Patsy Blackshear, who has returned as Director of Program Operations, OFCCP National Office.
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