Showing posts with label VEVRAA. Show all posts
Showing posts with label VEVRAA. Show all posts
Tuesday, May 22, 2012
Veterans are returning home and re-entering the workforce in growing numbers: are you prepared?
Lexology
LeClairRyan
Sarah E. Moffett
USA
May 3 2012
As the United States’ various engagements in the Middle East wind down, military service members are returning home in growing numbers. According to the Equal Employment Opportunity Commission (EEOC), three million veterans have returned from military service over the past ten years, and another million are expected to return to civilian life over the next five years. Many of these returning service members will be joining, or re-joining, the civilian workforce.
An array of federal laws exist that protect veterans’ rights to employment and reemployment. Below is a brief summary of the key laws and regulations that employers should keep in mind.
Full Story: http://www.lexology.com/library/detail.aspx?g=ad7e79ea-0d1f-4f32-80b8-21452926d0a0&utm_source=Lexology+Daily+Newsfeed&utm_medium=HTML+email+-+Body+-+Federal+section&utm_campaign=Lexology+subscriber+daily+feed&utm_content=Lexology+Daily+Newsfeed+2012-05-22&utm_term=
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.
Monday, July 4, 2011
US Department of Labor extends comment period on proposed rule to increase employment of protected veterans among federal contractors
News Release
OFCCP News Release: [06/22/2011]
Contact Name: Jason Surbey or Dolline Hatchett
Phone Number: (202) 693-4668 or x4651
Release Number: 11-0947-NAT
US Department of Labor extends comment period on proposed rule to increase employment of protected veterans among federal contractors
Interested parties may submit comments through July 11
WASHINGTON — The U.S. Department of Labor's Office of Federal Contract Compliance Programs has announced a 14-day extension of the comment period for its proposed rule to revise regulations implementing Section 4212 of the Vietnam Era Veterans' Readjustment Assistance Act of 1974. Notice of the extension has been published in the June 22 Federal Register and can be viewed at http://s.dol.gov/GE.
On April 26, OFCCP published a notice of proposed rulemaking in 76 Federal Register 23358 with a comment period scheduled to end on Monday, June 27. After receiving requests for an extension, OFCCP has extended the comment period by 14 days until Monday, July 11. This action will provide additional time for interested individuals to analyze the issues and provide their comments. To view the proposed rule and submit comments, visit the federal e-rulemaking portal at http://www.regulations.gov and search by regulation identification number 1250-AA00.
The rule proposed by OFCCP would strengthen affirmative action provisions for protected veterans, detailing specific actions a contractor must take to satisfy its obligations under the law. The new rule would increase data collection obligations and require contractors to establish hiring benchmarks to measure the effectiveness of their affirmative action efforts; require contractors to engage in at least three specified types of outreach and recruitment efforts each year; and require that all job applicants be invited to self-identify as "protected veterans" before they are offered a job.
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.dol.gov/opa/media/press/ofccp/OFCCP20110947.htm
OFCCP News Release: [06/22/2011]
Contact Name: Jason Surbey or Dolline Hatchett
Phone Number: (202) 693-4668 or x4651
Release Number: 11-0947-NAT
US Department of Labor extends comment period on proposed rule to increase employment of protected veterans among federal contractors
Interested parties may submit comments through July 11
WASHINGTON — The U.S. Department of Labor's Office of Federal Contract Compliance Programs has announced a 14-day extension of the comment period for its proposed rule to revise regulations implementing Section 4212 of the Vietnam Era Veterans' Readjustment Assistance Act of 1974. Notice of the extension has been published in the June 22 Federal Register and can be viewed at http://s.dol.gov/GE.
On April 26, OFCCP published a notice of proposed rulemaking in 76 Federal Register 23358 with a comment period scheduled to end on Monday, June 27. After receiving requests for an extension, OFCCP has extended the comment period by 14 days until Monday, July 11. This action will provide additional time for interested individuals to analyze the issues and provide their comments. To view the proposed rule and submit comments, visit the federal e-rulemaking portal at http://www.regulations.gov and search by regulation identification number 1250-AA00.
The rule proposed by OFCCP would strengthen affirmative action provisions for protected veterans, detailing specific actions a contractor must take to satisfy its obligations under the law. The new rule would increase data collection obligations and require contractors to establish hiring benchmarks to measure the effectiveness of their affirmative action efforts; require contractors to engage in at least three specified types of outreach and recruitment efforts each year; and require that all job applicants be invited to self-identify as "protected veterans" before they are offered a job.
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.dol.gov/opa/media/press/ofccp/OFCCP20110947.htm
Saturday, June 18, 2011
VEVRAA NPRM COMMENT PERIOD EXTENDED
OFCCP Blog Spot
On April 26, 2011, the Office of Federal Contract Compliance Programs (OFCCP) published in the Federal Register a notice of proposed rulemaking (NPRM). This NPRM (76 FR 23358) proposes revising regulations implementing the affirmative action provisions of the Vietnam Era Veterans' Readjustment Assistance Act of 1974, as amended.The original comment period is scheduled to end on Monday, June 27, 2011. After receiving several requests for extensions, OFCCP is extending the comment period for this NPRM for 14 days until Monday, July 11, 2011.
Full Blog Post: http://ofccp.blogspot.com/2011/06/vevraa-nprm-comment-period-extended.html
On April 26, 2011, the Office of Federal Contract Compliance Programs (OFCCP) published in the Federal Register a notice of proposed rulemaking (NPRM). This NPRM (76 FR 23358) proposes revising regulations implementing the affirmative action provisions of the Vietnam Era Veterans' Readjustment Assistance Act of 1974, as amended.The original comment period is scheduled to end on Monday, June 27, 2011. After receiving several requests for extensions, OFCCP is extending the comment period for this NPRM for 14 days until Monday, July 11, 2011.
Full Blog Post: http://ofccp.blogspot.com/2011/06/vevraa-nprm-comment-period-extended.html
Monday, June 6, 2011
OFCCP's proposed rule increases affirmative action obligations for veterans
Lexology.com
Hunton & Williams LLP
USA
May 27 2011
The Office of Federal Contract Compliance Programs (“OFCCP”) has issued a proposed rule to strengthen the current regulations that require federal contractors and subcontractors to engage in affirmative action efforts for veterans. The proposed rule was published in the Federal Register on April 26, 2011. Fed. Reg. 23,358 (Apr. 26, 2011). Public comments regarding the rule are due by June 27, 2011.
The OFCCP’s proposed rule would revise the regulations that implement the Vietnam Era Veterans’ Readjustment Assistant Act (“VEVRAA”), 41 CFR Parts 60-250 and 60-300, which have generally remained unchanged since 1976. VEVRAA, its amendments and regulations prohibit contractors from discriminating against protected veterans and additionally require contractors to take affirmative action to recruit, employ, and advance the employment of protected veterans. VEVRAA also requires certain contractors to maintain a written Affirmative Action Plan.
Full Story: http://www.lexology.com/library/detail.aspx?g=fa5b260b-3b51-4069-a8c7-83539d3c4c42&utm_source=Lexology+Daily+Newsfeed&utm_medium=HTML+email+-+Other+top+stories&utm_campaign=Lexology+subscriber+daily+feed&utm_content=Lexology+Daily+Newsfeed+2011-06-06&utm_term=
Hunton & Williams LLP
USA
May 27 2011
The Office of Federal Contract Compliance Programs (“OFCCP”) has issued a proposed rule to strengthen the current regulations that require federal contractors and subcontractors to engage in affirmative action efforts for veterans. The proposed rule was published in the Federal Register on April 26, 2011. Fed. Reg. 23,358 (Apr. 26, 2011). Public comments regarding the rule are due by June 27, 2011.
The OFCCP’s proposed rule would revise the regulations that implement the Vietnam Era Veterans’ Readjustment Assistant Act (“VEVRAA”), 41 CFR Parts 60-250 and 60-300, which have generally remained unchanged since 1976. VEVRAA, its amendments and regulations prohibit contractors from discriminating against protected veterans and additionally require contractors to take affirmative action to recruit, employ, and advance the employment of protected veterans. VEVRAA also requires certain contractors to maintain a written Affirmative Action Plan.
Full Story: http://www.lexology.com/library/detail.aspx?g=fa5b260b-3b51-4069-a8c7-83539d3c4c42&utm_source=Lexology+Daily+Newsfeed&utm_medium=HTML+email+-+Other+top+stories&utm_campaign=Lexology+subscriber+daily+feed&utm_content=Lexology+Daily+Newsfeed+2011-06-06&utm_term=
Monday, May 23, 2011
FOLLOWING UP ON OFCCPs’ PROPOSED RULES RECOMMENDING BENCHMARKS FOR HIRING VETERANS
DCI Consulting
by Art Gutman Ph.D., Professor, Florida Institute of Technology
May 16, 2011
Under a proposed rule by the OFCCP on April 26, 2011 federal contractors would be required for the first time to establish annual benchmarks for hiring veterans. In an interview on April 28, 2011, DCI president David Cohen told SHRM Online that he expects that the OFCCP would use referral and hiring ratios as evidence of discrimination in hiring by contractors. According to Cohen, the benchmarks would be expressed as the percentage of total hires who are protected veterans, and would apply to contractors with 50 or more employees and contracts of $100,000 or more (under 60-300). The basis for suit would be the Vietnam Era Veterans’ Readjustment Assistance Act of 1974 (VEVRAA), as amended, which requires each federal contractor with a federal contract of $100,000 or more to take affirmative action to hire and advance in employment qualified Armed Forces Service Medal veterans, disabled veterans, recently separated veterans and other protected veterans.
Full Blog Post: http://ofccp.blogspot.com/2011/05/following-up-on-ofccps-proposed-rules.html
by Art Gutman Ph.D., Professor, Florida Institute of Technology
May 16, 2011
Under a proposed rule by the OFCCP on April 26, 2011 federal contractors would be required for the first time to establish annual benchmarks for hiring veterans. In an interview on April 28, 2011, DCI president David Cohen told SHRM Online that he expects that the OFCCP would use referral and hiring ratios as evidence of discrimination in hiring by contractors. According to Cohen, the benchmarks would be expressed as the percentage of total hires who are protected veterans, and would apply to contractors with 50 or more employees and contracts of $100,000 or more (under 60-300). The basis for suit would be the Vietnam Era Veterans’ Readjustment Assistance Act of 1974 (VEVRAA), as amended, which requires each federal contractor with a federal contract of $100,000 or more to take affirmative action to hire and advance in employment qualified Armed Forces Service Medal veterans, disabled veterans, recently separated veterans and other protected veterans.
Full Blog Post: http://ofccp.blogspot.com/2011/05/following-up-on-ofccps-proposed-rules.html
Monday, May 9, 2011
Department of Labor Proposes New Veterans Regulations for Federal Contractors
Stevens and Lee
Jo Bennett, Esq.
The Department of Labor's Office of Federal Contract Compliance Programs wants federal contractors to establish hiring benchmarks for veterans. This requirement is just one of many that OFCCP has proposed in a major revamping of affirmative action regulations covering veterans. For federal contractors, the new rules mean changes in recruiting, hiring and record-keeping practices.
To learn more, read the alert.
Jo Bennett, Esq.
The Department of Labor's Office of Federal Contract Compliance Programs wants federal contractors to establish hiring benchmarks for veterans. This requirement is just one of many that OFCCP has proposed in a major revamping of affirmative action regulations covering veterans. For federal contractors, the new rules mean changes in recruiting, hiring and record-keeping practices.
To learn more, read the alert.
Proposed Regulation - Veterans Affirmative Action Requirements
Sparlin Law Office, PLLC
On April 26, 2011, the OFCCP announced significant proposed changes to the affirmative action requirements of the Vietnam Era Veterans Readjustment Assistance Act of 1974 (“VEVRAA”). The proposal would expand regulatory duties imposed by 41 C.F.R. §§ 60-250 and 60-300, adding significantly to the compliance obligations that contractors face under VEVRAA. The new regulations would require contractors, for the first time, to establish annual statistical hiring benchmarks for veterans. Contractors also would be required to collect and retain new forms of supporting data that would be used to monitor performance. Actual hiring patterns would be compared to the benchmarks, creating a structure that has significant parallels to the current annual “in-depth analysis” of hiring by gender and race. The new data collection and monitoring requirements, along with other changes that are proposed, would raise VEVRAA compliance to a level of importance that is similar the current emphasis on affirmative action obligations for women and members of racial minorities. The Sparlin Law Office, PLLC, has prepared an Alert intended to familiarize you with and help you prepare for the proposed changes.
A copy of the Alert can be viewed at http://private.sparlinlaw.com/Client_Alert/VEVRRAClient_Alert.pdf
On April 26, 2011, the OFCCP announced significant proposed changes to the affirmative action requirements of the Vietnam Era Veterans Readjustment Assistance Act of 1974 (“VEVRAA”). The proposal would expand regulatory duties imposed by 41 C.F.R. §§ 60-250 and 60-300, adding significantly to the compliance obligations that contractors face under VEVRAA. The new regulations would require contractors, for the first time, to establish annual statistical hiring benchmarks for veterans. Contractors also would be required to collect and retain new forms of supporting data that would be used to monitor performance. Actual hiring patterns would be compared to the benchmarks, creating a structure that has significant parallels to the current annual “in-depth analysis” of hiring by gender and race. The new data collection and monitoring requirements, along with other changes that are proposed, would raise VEVRAA compliance to a level of importance that is similar the current emphasis on affirmative action obligations for women and members of racial minorities. The Sparlin Law Office, PLLC, has prepared an Alert intended to familiarize you with and help you prepare for the proposed changes.
A copy of the Alert can be viewed at http://private.sparlinlaw.com/Client_Alert/VEVRRAClient_Alert.pdf
OFCCP issues proposed rule to enhance veterans’ regulations for federal contractors
Lexology.com
Ogletree Deakins
Leigh M. Nason
USA
April 26 2011
In keeping with its mantra of “good jobs for everyone,” the Office of Federal Contract Compliance Programs (OFCCP) has published a Notice of Proposed Rulemaking to revise current nondiscrimination and affirmative action obligations of federal contractors under the Vietnam Era Veterans’ Readjustment Assistance Act (VEVRAA). OFCCP is a program of the Department of Labor and is charged with enforcing affirmative action obligations of federal contractors and subcontractors.
Highlights of the proposed rule and attached appendices include:
Clarifying the definition of “protected veterans,” including “special disabled veterans,” “veterans of the Vietnam era,” “veterans who served on active duty in the Armed Forces during a war or in a campaign or expedition for which a campaign badge has been authorized,” and “recently separated veterans”;
Eliminating the classification of “other protected veteran”;
Strengthening affirmative action regulations, including requiring annual meetings with employees and management to discuss written affirmative action programs (AAPs), contractor responsibilities, and employee opportunities for advancement;
Detailing enhanced contractor responsibilities for providing information on job openings to appropriate employment service delivery systems in the manner that the employment service requires, and including identification of federal contractor status and contact information;
Requiring contractors to engage in outreach and recruitment efforts, including entering into “linkage agreements” and consulting the Employer Resources section of the National Resources Directory, as well as mandating certain steps to be taken when reviewing and documenting outreach efforts on an annual basis;
Increasing contractors’ data collection obligations with regard to referrals from state employment services, including priority veteran referrals and protected veteran applicants and hires;
Requiring all applicants to be invited to self-identify as a veteran prior to an offer of employment;
Requiring all such records to be maintained for five years;
Allowing OFCCP to identify and review contractors’ electronic data and requiring contractors to notify OFCCP of all formats (including electronic formats) in which records are available; and
Requiring contractors to establish annual “hiring benchmarks,” expressed as the percentage of total protected veterans that the contractor seeks to hire in the following year.
Full Story: http://www.lexology.com/library/detail.aspx?g=16b64264-43c6-45fa-ae18-1eb9535c560c&utm_source=Lexology+Daily+Newsfeed&utm_medium=HTML+email+-+Body+-+Federal+section&utm_campaign=Lexology+subscriber+daily+feed&utm_content=Lexology+Daily+Newsfeed+2011-05-04&utm_term=
Ogletree Deakins
Leigh M. Nason
USA
April 26 2011
In keeping with its mantra of “good jobs for everyone,” the Office of Federal Contract Compliance Programs (OFCCP) has published a Notice of Proposed Rulemaking to revise current nondiscrimination and affirmative action obligations of federal contractors under the Vietnam Era Veterans’ Readjustment Assistance Act (VEVRAA). OFCCP is a program of the Department of Labor and is charged with enforcing affirmative action obligations of federal contractors and subcontractors.
Highlights of the proposed rule and attached appendices include:
Clarifying the definition of “protected veterans,” including “special disabled veterans,” “veterans of the Vietnam era,” “veterans who served on active duty in the Armed Forces during a war or in a campaign or expedition for which a campaign badge has been authorized,” and “recently separated veterans”;
Eliminating the classification of “other protected veteran”;
Strengthening affirmative action regulations, including requiring annual meetings with employees and management to discuss written affirmative action programs (AAPs), contractor responsibilities, and employee opportunities for advancement;
Detailing enhanced contractor responsibilities for providing information on job openings to appropriate employment service delivery systems in the manner that the employment service requires, and including identification of federal contractor status and contact information;
Requiring contractors to engage in outreach and recruitment efforts, including entering into “linkage agreements” and consulting the Employer Resources section of the National Resources Directory, as well as mandating certain steps to be taken when reviewing and documenting outreach efforts on an annual basis;
Increasing contractors’ data collection obligations with regard to referrals from state employment services, including priority veteran referrals and protected veteran applicants and hires;
Requiring all applicants to be invited to self-identify as a veteran prior to an offer of employment;
Requiring all such records to be maintained for five years;
Allowing OFCCP to identify and review contractors’ electronic data and requiring contractors to notify OFCCP of all formats (including electronic formats) in which records are available; and
Requiring contractors to establish annual “hiring benchmarks,” expressed as the percentage of total protected veterans that the contractor seeks to hire in the following year.
Full Story: http://www.lexology.com/library/detail.aspx?g=16b64264-43c6-45fa-ae18-1eb9535c560c&utm_source=Lexology+Daily+Newsfeed&utm_medium=HTML+email+-+Body+-+Federal+section&utm_campaign=Lexology+subscriber+daily+feed&utm_content=Lexology+Daily+Newsfeed+2011-05-04&utm_term=
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
Tuesday, October 19, 2010
OFCCP's Focus on Veterans Is Subject of House Subcommittee Hearing
U.S. Department of Labor
OFCCP
Some 30 percent of OFCCP's on-site reviews of federal contractors in FY 2010 turned up problems with the recruitment of veterans, Les Jin, OFCCP's deputy director, recently told members of the Subcommittee on Economic Opportunity of the House Veterans' Affairs Committee. Jin testified about the work OFCCP does to enforce the Vietnam Era Veterans' Readjustment Assistant Act (VEVRAA) and Section 503 of the Rehabilitation Act as it pertains to disabled veterans.
Especially disturbing was the agency's finding that some veterans for whom VEVRAA and Section 503 provide important civil rights protections are reluctant to disclose their veteran status when they work for or seek employment with federal contractors or subcontractors.
"Many of these young men and women are returning from battle with physical injuries, emotional trauma and a host of other challenges," Jin said. "They need re-entry services and some have told us they are afraid to disclose their status as a disabled veteran - and sometimes even their service - to their employers for fear of being discriminated against when hiring, compensation and promotion decisions are made."
OFCCP, in response to such concerns, is seeking to revise VEVRAA regulations to strengthen affirmative action programs and measure the effectiveness of federal contractors' equal employment opportunity efforts. Similar regulatory action is underway with Section 503 of the Rehabilitation Act.
Jin also described OFCCP's new outreach efforts to individual veterans and to community and advocacy groups who represent veterans' interests. "We are educating veterans about their rights in the job market. We are showing them how to identify discriminatory practices, and we are creating avenues for two-way communication between communities of veterans and OFCCP," he said.
Read the complete text of Deputy Director Jin's testimony at http://www.dol.gov/_sec/media/congress/20100929_Jin.htm
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, December 7, 2009
Department of Labor's Regulatory Agenda Includes Changes to Veterans', Disabled and Construction Regulations
The Fall regulatory agenda released by the U.S. Department of Labor includes changes to regulations requiring affirmative action by federal contractors on behalf of veterans and persons with disabilities. The federal construction contractor regulations would also be amended according to this announcement.
Changes to the regulations implementing the Vietnam Era Veterans Readjustment Assistance Act of 1974 will require "federal contractors and subcontractors conduct more substantive analyses of recruitment and placement actions taken under VEVRAA and would require the use of numerical targets to measure the effectiveness of affirmative action efforts." This would constitute a major change in the regulations, which have not required numerical goals to measure the effectiveness of affirmative action programs benefiting veterans. The notice states that there would be changes to the recordkeeping provisions of the regulation as well. http://www.reginfo.gov/public/do/eAgendaViewRule?pubId=200910&RIN=1215-AB80
An Advanced Notice of Proposed Rulemaking for Section 503 of the Rehabilitation Act of 1973 indicates that DOL/OFCCP would issue rules to require more substantive analyses of the recruitment and placement efforts of persons with disabilities as well. http://www.reginfo.gov/public/do/eAgendaViewRule?pubId=200910&RIN=1215-AB77
The regulations governing the affirmative action requirements of construction contractors have not been changed since the 1970s. In this fall agenda, the department proposes to update the requirements for construction contractors, presumably including the goals for women and minorities. http://www.reginfo.gov/public/do/eAgendaViewRule?pubId=200910&RIN=1215-AB81
All of these announcements are determined to be long term actions and have no deadlines attached. The public should monitor future announcements for an opportunity to comment on these regulatory proposals.
Changes to the regulations implementing the Vietnam Era Veterans Readjustment Assistance Act of 1974 will require "federal contractors and subcontractors conduct more substantive analyses of recruitment and placement actions taken under VEVRAA and would require the use of numerical targets to measure the effectiveness of affirmative action efforts." This would constitute a major change in the regulations, which have not required numerical goals to measure the effectiveness of affirmative action programs benefiting veterans. The notice states that there would be changes to the recordkeeping provisions of the regulation as well. http://www.reginfo.gov/public/do/eAgendaViewRule?pubId=200910&RIN=1215-AB80
An Advanced Notice of Proposed Rulemaking for Section 503 of the Rehabilitation Act of 1973 indicates that DOL/OFCCP would issue rules to require more substantive analyses of the recruitment and placement efforts of persons with disabilities as well. http://www.reginfo.gov/public/do/eAgendaViewRule?pubId=200910&RIN=1215-AB77
The regulations governing the affirmative action requirements of construction contractors have not been changed since the 1970s. In this fall agenda, the department proposes to update the requirements for construction contractors, presumably including the goals for women and minorities. http://www.reginfo.gov/public/do/eAgendaViewRule?pubId=200910&RIN=1215-AB81
All of these announcements are determined to be long term actions and have no deadlines attached. The public should monitor future announcements for an opportunity to comment on these regulatory proposals.
Monday, February 2, 2009
OFCCP Launches Website for G-Five Initiative; Announces Five Recipients of Award
OFCCP News Release:
WASHINGTON – The U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) today announced the selection of five federal contractor establishments as the first recipients of the Good Faith Initiative for Veterans Employment (G-FIVE) program.
“The G-FIVE was created to address the employment challenges facing the veteran workforce today by recognizing federal contractors for their efforts in employing and advancing covered veterans,” said Charles E. James Sr., deputy assistant secretary for OFCCP. “It reaffirms OFCCP’s commitment to ensure compliance with the requirements of the Vietnam Era Veterans’ Readjustment Assistance Act and creates an excellent incentive for federal contractors to hire veterans.”
“The G-FIVE also strengthens partnerships between OFCCP and veterans groups and other agencies,” added Victoria Lipnic, assistant secretary for the Labor Department’s Employment Standards Administration. “It’s an OFCCP initiative that supports America’s heroes.”
The five federal contractor establishments selected for 2008 are:
· Computing Technologies Inc. -- Fairfax, Va.
· Wackenhut Services Inc. -- Savannah River Site, Aiken, S.C.
· Engineering Systems Solutions -- Frederick, Md.
· Alaska Airlines -- Seattle, Wash.
· Hawaiian Electric Co.-- Honolulu, Hawaii
All of these establishments demonstrated “best practices” for the employment and advancement of veterans, and will be excluded from an OFCCP compliance evaluation for three years.
The directive outlining this new initiative, along with frequently asked questions, are available on OFCCP’s Web site at http://www.dol.gov/esa/ofccp/regs/compliance/directives/dir282.pdf and http://www.dol.gov/esa/ofccp/regs/compliance/faqs/dir282faqs.htm.
OFCCP's new G-Five Initiative website can be found at: http://www.dol.gov/esa/ofccp/g_five.htm
WASHINGTON – The U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) today announced the selection of five federal contractor establishments as the first recipients of the Good Faith Initiative for Veterans Employment (G-FIVE) program.
“The G-FIVE was created to address the employment challenges facing the veteran workforce today by recognizing federal contractors for their efforts in employing and advancing covered veterans,” said Charles E. James Sr., deputy assistant secretary for OFCCP. “It reaffirms OFCCP’s commitment to ensure compliance with the requirements of the Vietnam Era Veterans’ Readjustment Assistance Act and creates an excellent incentive for federal contractors to hire veterans.”
“The G-FIVE also strengthens partnerships between OFCCP and veterans groups and other agencies,” added Victoria Lipnic, assistant secretary for the Labor Department’s Employment Standards Administration. “It’s an OFCCP initiative that supports America’s heroes.”
The five federal contractor establishments selected for 2008 are:
· Computing Technologies Inc. -- Fairfax, Va.
· Wackenhut Services Inc. -- Savannah River Site, Aiken, S.C.
· Engineering Systems Solutions -- Frederick, Md.
· Alaska Airlines -- Seattle, Wash.
· Hawaiian Electric Co.-- Honolulu, Hawaii
All of these establishments demonstrated “best practices” for the employment and advancement of veterans, and will be excluded from an OFCCP compliance evaluation for three years.
The directive outlining this new initiative, along with frequently asked questions, are available on OFCCP’s Web site at http://www.dol.gov/esa/ofccp/regs/compliance/directives/dir282.pdf and http://www.dol.gov/esa/ofccp/regs/compliance/faqs/dir282faqs.htm.
OFCCP's new G-Five Initiative website can be found at: http://www.dol.gov/esa/ofccp/g_five.htm
Tuesday, May 27, 2008
VETS ISSUES FINAL REPORTING RULES
The Department of Labor's Veterans Employment and Training Service (VETS) has issued new regulations and a new form for reporting of veterans' employment data. The new VETS regulations may be found at: http://edocket.access.gpo.gov/2008/pdf/E8-10916.pdf. These regulations, issued on May 19, 2008, announce the creation of a new federal contractor veterans employment report, the "VETS-100A Report," required by the Vietnam Era Veterans Readjustment Assistance Act of 1974, as amended by the Jobs for Veterans Act of 2002. The final regulations issued on May 19th apply only to covered government contracts entered into or modified on or after December 1, 2003. These regulations, 41 CFR Part 61-300, are effective on June 18, 2008. The annual report must be filed on September 30. Copies of the VETS - 100A reports submitted to DOL must be maintained for one year.
The current regulations, found at 41 CFR part 61-250, which require contractors to complete the Federal Contractor Veterans Employment Report ("VETS 100 Report") continue to apply to federal contracts entered into before December 1, 2003.
The current regulations, found at 41 CFR part 61-250, which require contractors to complete the Federal Contractor Veterans Employment Report ("VETS 100 Report") continue to apply to federal contracts entered into before December 1, 2003.
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