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TAKE HER TO SEA, DIRECTOR SHIU: NEW OFCCP REGULATIONS ON THE HORIZON

June 02, 2014

OFCCP is charging full steam ahead as their semiannual regulatory agenda forecasts the imminent publication of four Notices of Proposed Rulemaking (NPRMs) which are tremendously important to the contractor community. In their agenda, issued to the...

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2014 SWARM CONFERENCE MEETS HIGH EXPECTATIONS

May 21, 2014

The Annual Southwest and Rocky Mountain (SWARM) Region Industry Liaison Group (ILG) Conference is known for high-quality information sessions on topics of interest to the federal contractor community, as well as active participation by...

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AMERICAN COMMUNITY SURVEY (ACS) DATA: RURAL AREAS BEWARE

May 13, 2014

As we have discussed in previous blogs, federal contractors are required to use the 2006-2010 American Community Survey (ACS) data to estimate external availability in Affirmative Action Programs (AAPs) dated January 1, 2014 or later. Now that we...

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FURTHER NOTE ON SCHUETTE V. COALITION TO DEFEND AFFIRMATIVE ACTION

April 29, 2014

Just as I finished writing on the Schuette ruling itself, I received an inquiry as to what, if any, are the implications of the ruling for federal contractors. I am still mulling over the ruling and will possibly have more to say about it in the...

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SUPREME COURT RULES IN FAVOR OF MICHIGAN VOTER BAN ON RACE PREFERENCE IN SCHUETTE v. COALITION TO DEFEND AFFIRMATIVE ACTION

April 29, 2014

I previewed the oral arguments in this case in an Alert dated 10/22/13 and, quite frankly, I got it wrong.  I thought it had a chance of being a 4-4 deadlock (Justice Kagan playing no role in the ruling).  Instead it was a 6-2 ruling with Kennedy,...

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Veteran Hiring Benchmark Updated to 7.2% for 2014 AAPs

April 29, 2014

Recently, the OFCCP updated the annual national percentage of veterans on their website from 8% to 7.2%. The initial final regulatory text indicated a hiring benchmark of 8%; however, the new 7.2% veteran hiring benchmark should be used for...

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THE REALITY OF DISABILITY SURVEY NONRESPONSE

April 15, 2014

In a recent post, we highlighted some of the problems that may be encountered with collecting and analyzing the disability status of employees.  In particular, there are data collection problems with relying upon a voluntary self-identification...

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REMINDER: NOTIFICATIONS TO THE STATES MUST BE SUBMITTED SIMULTANEOUSLY WITH JOB LISTING

April 15, 2014

As previously discussed in this blog post, the revised VEVRAA regulations became effective for Federal contractors on March 24, 2014. Although some contractors may have additional time for Subpart C, the rest of the requirements went live on the...

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EMPLOYEE VOLUNTARY DISABILITY SELF-IDENTIFICATION FORM: WHICH JOHN SMITH?

April 15, 2014

The OMB-approved voluntary disability self-identification form allows for employees to provide their name, but no other unique identifying information. What if a federal contractor has multiple employees with the same name (e.g., John Smith)?...

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SECRETARY OF LABOR ANNOUNCES MORATORIUM FOR TRICARE PROVIDERS

April 01, 2014

The Secretary of Labor, Thomas Perez, announced a moratorium on enforcement of affirmative action obligations for TRICARE providers. In a letter to several members of the Committee on Education and the Workforce and the Subcommittee Workforce...

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DISTRICT COURT JUDGE RULES IN FAVOR OF OFCCP’S NEW SECTION 503 RULE

March 21, 2014

A ruling was issued today by District Judge Emmet Sullivan in the case of Associated Builders Contractors, Inc. v. Patricia A. Shiu in the United States District Court for the District of Columbia (the ruling may be viewed here). Associated...

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ARE THE NEW 503 AND VEVRAA METRICS A PART OF THE DESK AUDIT?

March 17, 2014

One interesting and unanswered question, related to the new 503 and VEVRAA regulations, concerns what information would be required for submission to OFCCP as part of the desk audit. Because OFCCP’s scheduling letter defines what is required as part...

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