Office of Federal Contract Compliance Programs Hiring & Firing

News & Analysis as of

Immediate Update for Affirmative Action Compliance: New Voluntary Self-Identification of Disability Form for Federal Contractors...

Yesterday, the Office of Federal Contract Compliance Programs (OFCCP) published a new voluntary self-identification form (Self-ID form) to be used by covered federal contractors to comply with Section 503 of the...more

Renewed OFCCP Voluntary Self-Identification of Disability Form Now Available

Yesterday, the Office of Federal Contract Compliance Programs (OFCCP) announced that the Office of Management and Budget renewed the voluntary self-identification form for individuals with disabilities for an additional three...more

Federal Contractors Must Update Disability Self-Identification Forms on February 1, 2017

Federal contractors subject to Section 503 of the Rehabilitation Act of 1973 are required to invite applicants for employment and new hires to identify themselves as individuals with disabilities. Covered contractors are...more

Recent OFCCP settlements remind contractors about importance of recordkeeping

Within the past month, the Office of Federal Contract Compliance Programs has announced two settlements and filed one administrative complaint involving alleged discrimination in the hiring process. Southern Glazer’s...more

Voluntary Self-ID Isn’t Proof Of Hiring Bias, Shiu’s Acting Replacement Named

Federal contractors, will asking applicants to voluntarily self-identify by race — a request that the Office of Federal Contract Compliance Programs requires you to make — be used against you in a hiring-discrimination...more

Tech Company Sued For Alleged Hiring Bias Against Asians, OFCCP’s Shiu To Step Down

Being part of the “in” crowd with the FBI apparently does not protect you from the Office of Federal Contract Compliance Programs. To the contrary: It was an FBI contract that subjected a California-based technology...more

OFCCP expands Mega Construction Project Program

The Bureau of Labor Statistics projects that employment in construction and extraction occupations will grow 10 percent from 2014 to 2024 – increasing from 6.5 million to 7.2 million jobs – the biggest increase in any...more

New Interim Rule Prohibits Federal Contractors From Retaliating Against Employees Who Discuss Compensation With Colleagues

On September 30, 2016, the Department of Defense, General Services Administration, and National Aeronautics and Space Administration issued an interim rule titled “Non-Retaliation for Disclosure of Compensation Information.”...more

OFCCP Files Discrimination Complaint Targeting Tech Hiring Practices

Earlier this year, we predicted that the Department of Labor’s Office of Federal Contract Compliance (“OFCCP”) would ramp up investigations directed at rooting out alleged discrimination by information technology companies. ...more

Contractor Settles With OFCCP For More Than $250K

As a result of a compliance review that began in 2013, the Office of Federal Contract Compliance Programs alleged that a federal contractor in the District of Columbia discriminated against African-American applicants who...more

OFCCP Takes Contractors Back To School On Pre-Employment Testing

Federal contractors, be warned: If you have not properly reviewed (and validated!) any testing used as part of your hiring process, the Office of Federal Contract Compliance Programs may take issue . . . and seek to collect...more

Federal Contractors Must Comply with OFCCP's Revised Sex Discrimination Guidelines or Face Possible Debarment - Effective August...

Earlier this year, the OFCCP published a Final Rule revising its Sex Discrimination Guidelines which prohibits discrimination by government contractors on the basis of sex. The new Rule requires federal contractors to...more

Massachusetts Employers to Be Prohibited From Obtaining Applicants’ Prior Pay History – Will Other States Follow?

Requiring a job applicant to provide his or her salary history, or obtaining such information directly from a previous employer prior to extending a job offer, is a common, if not universal practice for employers. Beginning...more

Is The OFCCP’s Take On The Internet Applicant Rule Outdated?

A recent Q & A from the “Workologist” column in the New York Times caught my eye. The correspondent was asking how to ensure that a résumé submitted online actually gets reviewed by the hiring company. That is a...more

Norfolk Southern Unit Agrees To Pay OFCCP $492K For Alleged Race Bias In Hiring

Do you need a reason to monitor your hiring and keep good records? Here’s one. Alleging race discrimination in the hiring process, the Office of Federal Contract Compliance Programs has settled with a unit of Norfolk...more

Employment Law Navigator – Week in Review: June 2016 #4

Last week, a television reporter filed a lawsuit against her former employer alleging that she was discriminated against because she is white. The reporter was terminated following a post on her employer’s Facebook post that...more

OFCCP Settles Sex Discrimination Claims With Mental Health Provider

The Office of Federal Contractor Compliance Programs (“OFCCP”) recently settled a case involving allegations of gender discrimination with federal contractor, Integris Mental Health (“Integris”).  As part of the settlement,...more

Employment Law Navigator – Week in Review: June 2016 #3

Last week, cybersecurity was a big issue. Fortune reported that the average cost of a data breach is $4 million, and Inc. explained that even mom-and-pop shops can be victims of a hack. HR Examiner framed the discussion a...more

VEVRAA Hiring Benchmark for 2016 is 6.9 Percent

The Office of Federal Contract Compliance Programs (OFCCP) has announced that the 2016 Annual Section 4212 (VEVRAA) hiring benchmark for 2016 is 6.9 percent. The benchmark is based on data issued by the Bureau of Labor...more

OFCCP Announces New Veteran Hiring Benchmark

On June 15, 2016, OFCCP announced its 2016 Vietnam Era Veterans’ Readjustment Assistance Act (VEVRAA) Benchmark. The new benchmark is 6.9%, slightly lower than the previous year’s 7% benchmark....more

Not So Fast: Administrative Review Board Vacates Discrimination Finding Sought by OFCCP

A recent decision from the Department of Labor’s Administrative Review Board serves as a warning to federal agencies against overreaching in their efforts to identify alleged employment discrimination. It also serves to...more

Labor & Employment Issues Facing the Healthcare Industry

Public discourse on "healthcare" has focused primarily on health insurance and the significant changes made by the Affordable Care Act. But what about the providers of healthcare—the doctors, nurses, hospitals, pharmaceutical...more

Is That Recruiting Technology Compliant?

There is some cool recruiting tech out there. Swipe, for example, a Tinder-like mobile app, allows hiring managers to “swipe right” for the applicants they are interested in. It also has a built in job-matching algorithm....more

How Much Do You Make? – New OFCCP Regulations Protect Employee And Job Applicant Discussions on Compensation

Happy New Year from your friends at the OFCCP. This week brings the enforcement of requirements stated under Executive Order 13665, which prohibits federal contractors from discriminating or otherwise conducting adverse...more

OFCCP Reminds Us Men Can Be Victims Of Sex Discrimination, Too

The federal Office of Federal Contract Compliance Programs (OFCCP) recently filed an administrative complaint alleging hiring bias against men against AmeriQual, an Indiana company that manufactures portable meals for the...more

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