The OFCCP Digest Volume 6, Issue 11

Happy Holidays and Best Wishes for 2017

Wishing you all the joys of the holiday season and happiness throughout the coming year! We sincerely thank all of our authors and readers for continuing to make The OFCCP Digest a valuable resource. We look forward to reconnecting with you in January 2017 when our next issue arrives.

Judge's Ruling Blocks Most of Blacklisting Rules for Now, but Contractors Still Have Obligations and Need to Take Action Topic: EEO
Large government contractors last Monday received a reprieve, at least preliminarily, from the implementation of the U.S. Department of Labor’s (DOL) so-called “blacklisting” rules, under which covered contractors (including subcontractors) would be required to report to...more
	Brian Bulger, Esq. Of Counsel, Cozen O’Connor

Early Compensation Manager Interviews: An Emerging Inflection Point in OFCCP Audits Topic: Compensation
As the federal contractor world waits to see how Trump’s White House will shape OFCCP’s enforcement tactics, there is one tool of the Agency that is unlikely to go away any time soon – the compensation manager interview. There is little doubt that, even in a Republican...more
	Scott Pechaitis, Esq. Principal, Jackson Lewis P.C.	Chris Patrick, Esq. Associate, Jackson Lewis P.C.

Graduate Students – To Be or Not to Be Employees; That is the Question Topic: AAP
The National Labor Relations Board (NLRB), in a decision on August 23, 2016, regarding Columbia University, concluded that, for the purposes of collective bargaining, the following positions should be deemed employees...more
	Marilynn Schuyler, Esq. Counsel, Schuyler Affirmative Action Practice

The Past and Future of OFCCP Topic: OFCCP
I’m writing this article on November 9, the day after the 2016 presidential election. I had planned to write a somewhat different article for The OFCCP Digest, but with the election of Donald Trump, the regulatory environment is almost certain to change in very dramatic ways in...more
	Bill Osterndorf President and Founder, HR Analytical Services

Deployment 2 Employment Topic: Veterans
Returning home from war or conflict brings a flood of pent up emotions to our veterans and their families. They have been dreaming of that return since the day they walked into a strange country. And now, many just want to pick up where they left off when they first deployed...more
	Robert Curry Founder and President, Dryhootch

Ask the Experts is an online forum where federal contractors and subcontractors are invited to submit questions to industry experts related to OFCCP compliance, affirmative action planning, and equal employment opportunity. Simply register your company on LocalJobNetwork.com to submit a question. Questions and answers will occasionally be featured in The OFCCP Digest for the benefit of all readers.

Question: Accommodation Statement

We don't list physical demands for each job posted and we were thinking of adding a general reasonable accommodation statement on all job descriptions/positions. What is best practice? Where do companies usually list their reasonable accommodation statement?

Answered by Roselle Rogers from LocalJobNetwork.com:

Federal contractors are required to state in all solicitations and job advertisements that they are an equal employment opportunity employer of individuals with disabilities. They are also required to invite applicants to self-identify as individuals with disabilities using the Voluntary Self-Identification of Disability form, which does include a reasonable accommodation statement on page 2.

Although contractors may not alter the content of the OFCCP’s voluntary self-identification form, contractors are encouraged to provide additional reasonable accommodation information with the form, such as the name and contact information of the official(s) responsible for processing requests for reasonable accommodation from applicants with disabilities and information about the contractor’s reasonable accommodation procedures.

For additional information, refer to Appendix B of Section 503, which provides examples of “best practices” for contractors in developing reasonable accommodation procedures.

EEOC Posts Webinar Recording about New EEO-1

The EEOC has posted a recording of its webinar about the new EEO-1. The webinar provides an overview of the EEO-1, describes the process of reporting and submitting summary pay and hours worked data, and includes examples of how to enter the data on the new form. Resources related to the EEO-1 are available on EEOC’s 2017 EEO-1 Survey page.

Read more DOL Highlights throughout the month for timely updates.

Veterans Day is a special time to pay tribute and extend our sincerest gratitude to the brave men and women who served and are serving honorably in the military – in both wartime and peacetime – as well as to their families. We are forever indebted to our veterans who safeguarded the precious principles upon which our nation was founded.

Contact Us
The OFCCP Digest is a complimentary resource featuring affirmative action, equal employment opportunity, and government compliance topics. Previous editions are available for easy reference on The OFCCP Digest Archives page. To subscribe or to provide feedback, email OFCCPDigest@LocalJobNetwork.com.

The opinions expressed in this newsletter are the opinions of the individual author(s) and do not necessarily reflect the opinions of the Local JobNetwork™. The information appearing in this newsletter is meant to provide the reader with a general understanding of topics relating to OFCCP compliance requirements and is not legal advice. If you are seeking legal advice to address OFCCP compliance issues or requirements, you should consult an attorney. The Local JobNetwork™ expressly disclaims all liability with respect to actions taken or not taken based on any or all of the contents of this newsletter.