Welcome to the DCI Consulting Blog

OFCCP Proposes Promotion & Accommodation Focused Review Letters

December 22, 2020

OFCCP has proposed new scheduling letters for the Promotion and Accommodation Focused Reviews. Similar to the final letters for the Section 503 and VEVRAA focused reviews, these letters are condensed versions of the standard compliance review letter...

Read More

OFCCP Releases Certainty Directive

December 15, 2020

With the release of Directive 2021-02, OFCCP has completed its commitment to the OFCCP principles, first announced in 2018, of Certainty, Efficiency, Recognition, and Transparency (or CERT).The Directive, effective December 11, 2020, commits the...

Read More

OFCCP Extends Moratorium for VAHBP Providers

December 15, 2020

Directive 2021-01* has extended OFCCP’s current enforcement moratorium for all Veterans Affairs Health Benefits Program (VAHBP) providers** by two years, through May 7, 2023. Historically, OFCCP has provided a moratorium for healthcare...

Read More

DOL Releases Final Religious Exemption Rule

December 10, 2020

This week, The U.S. Department of Labor released a finalized rule that eases anti-discrimination restrictions for religious employers that contract with the federal government.

Under the new rule, religious federal contractors and sub-contractors...

Read More

OFCCP Releases New Technical Assistance Guide for Small Contractors

December 03, 2020
On December 3, 2020, OFCCP announced the release of a new technical assistance guide for small contractors. The new guide provides compliance assistance on equal employment opportunity obligations for small federal supply, construction contractors...
Read More

CA Pay Reporting – Updated FAQs posted

December 01, 2020

On November 23, 2020, the California Department of Fair Employment and Housing (DFEH) released new FAQs to clarify requirements of new California pay data reporting set to go into effect next year. As commented on in our October 1, 2020 and November...

Read More

EO 13950 Notice Language Published

November 30, 2020

On Friday, November 20, the Department of Defense Pricing and Contracting Director issued a notice on Class Deviation 2021-O0001 – Combating Race and Sex Stereotyping. This notice puts into place Section 4 of EO 13950, which requires contractors...

Read More

Record Keeping Requirements in Affirmative Action (Part 2)

November 18, 2020

By: Sally Makreff

In September 2013, the Office of Federal Contract Compliance Programs (OFCCP) released updated regulations related to the Vietnam Era Veterans’ Readjustment Assistance Act, (VEVRRA) which covers protected veterans, and Section 503...

Read More

Video Blog: California Fair Pay Act

November 17, 2020

Join DCI's Joanna Colosimo, Director of Compliance & Workforce Analytics and Principal Consultant, and Tyler Wurtz, HR Analyst, as they sit down to discuss the new California Fair Pay Act.

To visit the FAQ page, click here.

...

Read More

DOL Publishes Final Rule to Codify Procedures OFCCP Uses to Resolve Potential Employment Discrimination

November 05, 2020

Today, November 5, 2020, OFCCP published the final rule titled “Nondiscrimination Obligations of Federal Contractors and Subcontractors: Procedures to Resolve Potential Employment Decisions”. In additional, the rule clarified definitions to specify...

Read More

Record Keeping Requirements in Affirmative Action (Part 1)

November 05, 2020

By: Sally Makreff

One of the most common violations issued by Office of Federal Contract Compliance Programs (OFCCP) during a compliance review is failure to properly maintain employment and personnel records. While the federal affirmative action...

Read More

OFCCP Releases New Supply & Service Technical Assistance Guide

November 04, 2020

On Tuesday, November 3rd, OFCCP released a new Technical Assistance Guide (TAG) for supply and service federal contractors.

According to OFCCP, Federal supply and service contractors can use this technical assistance guide as a self-assessment tool...

Read More

NAACP LDF Adds Lawsuit to Chorus of Voices Opposing Executive Order 13950

November 02, 2020

On Thursday, October 29, the NAACP Legal Defense and Educational Fund Inc (LDF) filed a constitutional challenge to Executive Order 13950, labeling it “an extraordinary and unprecedented” federal act that violates first amendment rights and “strikes...

Read More

OFCCP Publishes RFI Race and Sex Stereotyping and Scapegoating

October 21, 2020

This morning OFCCP released RIN 1250-ZA01 “Request for Information; Race and Sex Stereotyping and Scapegoating” (RFI) as was required by the new Executive Order 13950 and hosted a brief stakeholder call; both are described below. Additionally, a new

Read More

The Institute Releases Statement Supporting Affirmative Action

October 16, 2020

On Thursday, October 15, The Institute for Workplace Equality released a statement reiterating its support surrounding affirmative action and diversity & inclusion. In the statement, The Institute says:

"The Institute for Workplace Equality (“The...

Read More

OFCCP Releases FAQ Page for Executive Order 13950

October 07, 2020
OFCCP has released anew FAQ pageonExecutive Order (EO) 13950, "Combating Race and Sex Stereotyping". The FAQ includes a section on whether EO 13950 prohibits unconscious bias or implicit bias training:
"Does Executive Order 13950 prohibit...
Read More

California Employers Required to Report Pay Data

October 01, 2020

Included in the list of legislation signed yesterday by Governor Newsom of California was Senate Bill 973 requiring California employers with 100 or more employees to submit a pay data report annually beginning March 31, 2021. This is modeled after...

Read More

DCI Experts Published in Law360 Article

September 30, 2020

On September 30, 2020, David Cohen, DCI President, Amanda Bowman, Associate Principal Consultant, and Dave Sharrer, EEO Compliance Manager & Senior Consultant, were published in Law360. Their expert analysis "Affirmative Action Proposal Could Boost...

Read More

OFCCP Actively Enforcing the New Executive Order 13950 with Hotline

September 29, 2020

Yesterday, September 28, OFCCP issued a press release regarding their enforcement of the President’s Executive Order issued last week. The press release can be found on OFCCP’s website and outlines information about a newly established Complaint...

Read More

Executive Order: Combating Race and Sex Stereotyping

September 23, 2020

As a continuation of an order given last week to all Federal Agencies, on September 22, 2020,the president issued an Executive Order (EO) that applies to executive departments and agencies (agencies), Uniformed Services, Federal contractors, and...

Read More

OFCCP Publishes Landing Pages for Promotions and Accommodations Focused Reviews

September 23, 2020

This afternoon, Wednesday, September 23, OFCCP published new landing pages for the upcoming promotions and accommodations focused reviews. Both types of focused reviews are new to the 2020 CSAL; for more information, please refer to our previous...

Read More

OFCCP Revises Posted 2020 Scheduling List (CSAL)

September 17, 2020

As we noted last week, the 2020 Corporate Scheduling Announcement List was released and posted on OFCCP’s website. DCI recently evaluated the CSAL and identified that OFCCP has modified the list that was originally released on September 11, 2020....

Read More

OFCCP Requests Comment on AAP Verification Collection

September 17, 2020

This Monday, September 14, 2020, a new information collection called the AAP Verification Program Interface, was published in the Federal Register. AAP Verification has been much anticipated since the release of the 2016 GAO Report (and follow-up...

Read More

OFCCP Releases 2020 CSAL

September 11, 2020

Today, Friday, September 11th, the OFCCP released two new Corporate Scheduling Lists (CSAL), posted to the FOIA Library: https://www.dol.gov/agencies/ofccp/foia/library#Q1

There are 2,250 contractor establishments on the Supply & Service CSAL list...

Read More

OFCCP Grants National Interest Exemption

August 28, 2020

Director Craig Leen of the OFCCP has published a memorandum granting a National Interest Exemption for hurricane-relief contracts. Effective August 27, 2020 through October 27, 2020, organizations entering into Federal contracts specifically to aid...

Read More

OFCCP Audit Case Administrative Law Judge Rules on Key EO 11246 Issues

August 10, 2020

Administrative Law Judge (ALJ) Larry Merck issued an order in May 2020 ruling against WMS Solutions, LLC (WMS) on a majority of violations filed by the Office of Federal Contract Compliance Programs (OFCCP) in June 2015. WMS, based out of Baltimore,...

Read More

Insight on Analyzing Small Groups from OFCCP Branch of Expert Services

August 04, 2020

The NILG virtual conference is underway and well-represented by OFCCP, law firms, industrial and organizational psychologists, labor economists, and federal contractor professionals. There was one session in which the OFCCP established a panel of...

Read More

DCI Principal Consultant Michael Aamodt Wins IPAC's Stephen E. Bemis Award

August 03, 2020

Congratulations to Michael Aamodt, DCI Principal Consultant and 2020 Winner of the Stephen E. Bemis Memorial Award!

This award, presented by IPAC, is intended to honor individuals (like the award’s namesake) who have made tangible contributions to...

Read More

OFCCP Sends Reminder to Update Voluntary Self-ID of Disability Form

July 28, 2020
OFCCP has recently sent out a reminder to federal contractors and subcontractors to update the Voluntary Self-Identification of Disability Form (CC-305) into their applicant and HR systems and processes by August 4, 2020.
The Office of Management...
Read More

EEOC Announces Study of Component 2 Data

July 17, 2020

EEOC announced Thursday, July 16, 2020, that they will fund a statistical study of the collected EEO-1 Component 2 data. The Commission voted unanimously that the National Academies of Sciences, Engineering, and Medicine’s Committee on National...

Read More

The Business Need for Diversity Metrics

July 14, 2020

Diversity and Inclusion (D&I) initiatives are organizational goals focused on an inclusive work culture where all employees are valued, able to perform at their optimal level, and treated fairly. Companies use a multimodal approach to DEIA by...

Read More

EEO-1 Notification: Updated Contact Information

July 10, 2020

EEOC sent email notifications to employers the week of July 6th, advising that changes have been made to the mailing address, telephone and fax numbers for EEOC. The notification also instructed employers to send all EEO-1 data collection inquiries,...

Read More

Supporting HR Pandemic Response: Part 3

July 09, 2020

The coronavirus pandemic has dramatically altered the current (and future) state of organizations. In some instances, organizations need to drastically slow down or pause operations.

Businesses in this “pause” mode may be faced with downsizing or...

Read More

Regulatory Agencies Announce Spring 2020 Agendas

July 08, 2020

Last week, the Department of Labor (DOL) and the Equal Employment Opportunity Commission (EEOC) released their respective regulatory agendas for Spring 2020. The items on the agendas include rules in various stages of enactment, i.e. pre-rules,...

Read More

VEVRAA Focused Reviews to Begin Soon

July 07, 2020

Many of you may remember that the OFCCP released a second, VEVRRA supplemental, CSAL list “in honor of Veteran’s Day” back on November 8, 2019. Until now, the list has remained dormant as the compliance officers continued to work on the original...

Read More

Clarity for TRICARE Providers

July 06, 2020

OFCCP recently published a final rule and confirmed the agency does not have jurisdiction over TRICARE providers. TRICARE is a federal health care program for active and retired military personnel, their families, survivors and certain former...

Read More

DCI Experts Joanna Colosimo and Jon Geier Published in Law360 Article

June 22, 2020

On June 22, 2020, Joanna Colosimo, Director of Compliance & Workforce Analytics, and Jon Geier, Principal Consultant, were published in Law360. Their expert analysis "Employer Considerations for a Workforce Reduction Analysis" can be read here: ...

Read More

Supporting HR Pandemic Response: Part 2

June 18, 2020

The coronavirus pandemic has dramatically altered the current (and future) state of organizations. In some instances, the need to hire and train employees has accelerated.

For these organizations, the method must be effective, quick, and...

Read More

Supporting HR Pandemic Response

June 03, 2020

The coronavirus pandemic has dramatically changed the current state of government, private sector, and non-profit organizations. And, the impacts of the crisis have varied within organizations in unique ways. Dynamics such as organizations’ business...

Read More

A message from our CEO

June 02, 2020

A message from our CEO, David Cohen:

I want to take a moment to reflect upon the recent events and how painful it is to watch. There is no question that we have a lot of work to do in this country to break down barriers and heal our racial divide. 

...

Read More

Breaking News: OMB Approves the Modified OFCCP Disability Self-ID Form

May 08, 2020

OFCCP provided notification today that the modified disability self-id collection form has been approved by the Office of Management and Budget (OMB). OFCCP hopes this streamlined form will increase the response rate of applicants and employees who...

Read More

Breaking News: EEO-1 2021 deadline announced

May 07, 2020

On May 7, 2020, EEOCannounced in a Federal Register noticethat there will be no EEO-1 data collection in 2020 due to the COVID-19 public health emergency.

This notice ispending approvalof the EEO-1 Component 1 information collection by the...

Read More

OFCCP Announces New Compliance Assistance Directives

April 17, 2020

OFCCP announced three new directives today, Friday April 17, 2020. The Directives are designed to maximize the effectiveness of OFCCP’s compliance assistance resources, increase accountability, and resolve federal contractor compliance evaluations...

Read More

Annual Hiring Benchmark for Veterans Now 5.7 Percent

April 14, 2020

Consistent with timing in previous years, OFCCP has recently updated the hiring benchmark for protected veterans.In annual affirmative action plans (AAPs), comparing the number of hires to a predetermined veteran benchmark is a required element of...

Read More

Construction Industry: New Compliance Scheduling Letters Approved

April 07, 2020

On Tuesday, April 7, 2020, the Office of Management and Budget (OMB) approved OFCCP’s information collection request for two new compliance check scheduling letters for the construction industry.One version is for construction contractors whose...

Read More

Revised OFCCP Scheduling Letters Approved

April 07, 2020

Several proposed, modified letters are now final for Supply and Service Contractors, as well as Construction Contractors. Revisions to the Supply and Service letters were first proposed in April 2019 (with updates in July 2019). All six letters are...

Read More

OFCCP COVID-19 Updates

April 06, 2020

Last week, OFCCP sent out two announcements on adjustments related to COVID-19, one regarding Functional Affirmative Action Program (FAAP) participants, and the other regarding data safety.

For FAAP participants, OFCCP’s FAAP team will continue...

Read More

EEO-1 Update: One Step Closer

April 01, 2020

Last week, EEOC published a notice of information collection in the Federal Register for a 30-day comment period. As with the initial 60-Day Notice, EEOC continues to seek a three-year approval for the standard EEO-1 data collection (for years 2019,...

Read More

Families First Coronavirus Response Act

March 30, 2020

The Wage and Hour Division of the Department of Labor has issued the Families First Coronavirus Response Act (FFCRA), which expands upon employee paid leave rights during the COVID-19 pandemic. Private employers with fewer than 500 employees, and...

Read More

OFCCP Clarifies Audit Expectations During COVID-19 Pandemic

March 27, 2020

The National Industry Liaison Group (NILG) recently communicated and worked with OFCCP’s national office to clarify contractor expectations during the COVID-19 pandemic.OFCCP has agreed to institute the following protocols for all contractors:

  • ...
Read More

Special COVID-19 Announcements from NILG & OFCCP

March 19, 2020

The National Industry Liaison Group (NILG) Board released an announcement to its members on March 18, 2020, followed by a related message the following day released from OFCCP via their subscription email list.Both messages made clear that OFCCP is...

Read More

OFCCP Issues a National Interest Exemption Memo for COVID-19 Contracts

March 18, 2020

On March 17, 2019, OFCCP Director Craig Leen issued a National Interest Exemption memo granting limited exemptions and waivers from OFCCP-enforced requirements. This allows new federal contracts and subcontracts specifically providing COVID-19...

Read More

DCI Experts Joanna Colosimo and Lisa Harpe Published in Law360 Article

February 28, 2020

On February 25, 2020, Joanna Colosimo, Director of EEO Compliance and Lisa Harpe, Principal Consultant, were published in Law360. Their expert analysis" OFCCP Draft Bias Rule Overrelies On Statistical Significance" can be read here: ...

Read More

Video Blog: Complimentary AAP Resources are Available

February 26, 2020

Join Operations Deputy Yevonessa Hall and HR Analyst Tyler Wurtz as they walk through all of the AAP resources that DCI has to offer. Visit our resources page here.

Read More

OFCCP’s FY2021 Congressional Budget Justifies Requested Funds Increase

February 12, 2020

OFCCP’s FY2021 Congressional Budget Justification, just released Monday, February 10, shows an increase in requested funds as compared to FY2020 (103.6M) in anticipation of conducting more compliance evaluations (i.e., full compliance reviews,...

Read More

EEO-1 Component 2 Data Collection to Officially Close Friday

February 11, 2020

EEOC is officially able to close their collection of employer pay data for 2017 and 2018 filing years. Judge Chutkan granted EEOC’s motion requesting completion of the data collection. As previously discussed in this blog, EEOC has repeatedly...

Read More

Craig Leen Nominated for Inspector General at the Office of Personnel Management

February 03, 2020

On February 3, 2020, President Donald J. Trump announced his intent to nominate Craig Leen for the Inspector General at the Office of Personnel Management. Currently, Leen serves as the Director of the Office of Federal Contract Compliance...

Read More

California Rules in Favor of Center for Investigative Reporting

January 08, 2020

In December 2019, the U.S. District Court for the Northern District of California made a decisive ruling in the ongoing case of The Center for Investigative Reporting (CIR), et al. vs. U.S. Department of Labor (DOL). Specifically, the court denied...

Read More

DCI Experts David Cohen, Joanna Colosimo & Jon Geier Published in Law360 Article

January 08, 2020

On January 8, 2020, David Cohen, DCI President, Joanna Colosimo, Director of EEO Compliance, and Jon Geier, Principal Consultant, were published in Law360. Their expert analysis "Pay Equity Shortcuts Create Risks For Employers" can be read here:  ...

Read More

OFCCP Announces Notice of Proposed Rulemaking Standardizing Procedures for Evaluating Employment Discrimination Claims

January 06, 2020

OFCCP ended 2019 by releasing a notice of proposed rulemaking (NPRM) attempting to codify procedures the agency uses to resolve alleged violations of affirmative action laws under the agency’s jurisdiction. The regulation would establish differing...

Read More

EEO-1 Component 2 Data Collection Continues

January 03, 2020

EEOC submitted an update to the court on the 2017 & 2018 EEO-1 Component 2 data collection, as required to do every 21 days. As of January 3, 2020, 86% of eligible filers have completed submission of Component 2 data, with 85.3% submitting for 2017...

Read More

OFCCP Revises the Federal Contractor Compliance Manual

January 02, 2020

OFCCP was active over the holiday season releasing an updated Federal Contract Compliance Manual (FCCM). The full manual, as well as revision highlights by chapter, can be viewed on the OFCCP website. Compliance officers use the FCCM as a guide to...

Read More
1

Stay up-to-date with DCI Alerts, sign up here:

Advice, articles, and the news you need, delivered right to your inbox.

Expert_Witness_1st_Place_badge

Stay in the Know!