2011: OFCCP Year in Review
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Record-Keeping with an Emphasis on Adverse Impact Analyses March 21, 2012 The following presentation is not to be construed as legal advice. For specific legal advice please consult your corporate counsel or a labor attorney.
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Many changes were initiated by the OFCCP in 2011, this slide deck and the video at http://www.bcginstitute.org/?2011OFCCPYear share what those changes were and what they may mean to Federal Contractors.Visit www. BCGInstitute.org!
Transcript of 2011: OFCCP Year in Review
Record-Keeping with an Emphasis on
Adverse Impact Analyses
March 21, 2012
The following presentation is not to be construed as legal advice. For specific legal advice please consult your corporate counsel or a labor attorney.
Biddle Consulting Group Institute
for Workforce Development (BCGi)
• BCGi Standard Membership (free)
– Online community
– Monthly webinars on EEO compliance topics
– EEO Insight Journal (e-copy)
• BCGi Platinum Membership (paid)
– Fully interactive online community
– Includes validation/compensation analysis books
– EEO Tools including those needed to conduct AI analyses
– EEO Insight Journal (e-copy and hardcopy)
– Members only webinars and training and much more…
www.BCGinstitute.org
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Disclaimer
OFCCP audits are complex
• But they are important…
• And have significant ramifications
We are not providing legal advice
This presentation has been designed to benefit all stakeholders in the EEO compliance community
2011: OFCCP Year in Review
Copyright © Biddle Consulting Group, Inc. 4
2011 in Review
• January 2011: Replace ACM with ACE Directive
– Much more aggressive approach (enforcing all mandates)
– Can conduct on-site audits without cause
• January 2011: Began Utilizing Much More Aggressive
Approach to Investigating Compensation
– Implemented 2%/$2,000 rule
– Began enforcing (in earnest) cohort-level pay issues
– Sought approval from OMB to publish new Itemized Listing
(August)
– Advance Notice of Proposed Rulemaking: Compensation
Data Collection Tool (August)
Copyright © Biddle Consulting Group, Inc.
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2011 in Review
• January 2011: New Scheduling Letter for Construction
Contractors and focus on “Mega Contracts”
• January 2011: New Focus on Outreach/Recruitment
(Particularly with Vets/Individuals with Disabilities) –
what used to be ok is no longer acceptable
• April 2011: Notice of Proposed Rulemaking – Veterans
(anticipated Final Rule: July 2012)
– Significant changes to outreach/recruitment/record retention
– Self-identification of “Protected Veterans” pre-offer
– New quantitative analyses to include hiring goals
Copyright © Biddle Consulting Group, Inc.
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2011 in Review
• December 2011: Notice of Proposed Rulemaking –
Individuals with Disabilities (anticipated Final Rule: Q4
2012 . . . or not?)
– Hiring goals of ~7% per job group within each AAP
– Self-identification pre-offer
– New quantitative analyses of applicants, hires, workforce
• Hired more staff (now up to approx. 750 FTEs)
– Compliance Officers, Statisticians, Validation Experts
• Continued use of outside experts Copyright © Biddle Consulting Group, Inc.
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2011 in Review
Pending Items:
• Notice of Proposed Rulemaking: Update of
Construction Contractor Regulations (April 2012)
• Overhaul of 24-year old Federal Contractor Compliance
Manual (2012 . . . )
• Notice of Proposed Rulemaking: Update to Sex
Discrimination Regulations (April 2012)
Copyright © Biddle Consulting Group, Inc.
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EEO Insight
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