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OFCCP SUBMITS 4212 REGULATIONS TO OMB

July 31, 2013
OFCCP has submitted the 4212 regulations to the Office of Management and Budget (OMB) today in final form. OMB has at least 60 days to review the regulations. This does not mean the regulations are final and in place ---- OMB can now either approve...
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OFCCP RELEASES DIRECTIVE 310 PROVIDING GUIDANCE ON BACK PAY CALCULATIONS

July 25, 2013
OFCCP has released Directive 310 to provide guidance on calculating back pay as a part of make whole relief for victims of employment discrimination when using formula or individual relief. DCI is currently reviewing this new directive and will...
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Initial Effects of Directive 307 During OFCCP Audits

July 23, 2013

In light of the recent OFCCP Directive 307, DCI has noted trends during audit situations related to how OFCCP staff are interpreting and enforcing the directive.

In some Regional and District Offices, there are circumstances where compliance...

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Subgroup Analyses Under Directive 307: Awaiting an Update From OFCCP

July 23, 2013

Since its release in February 2013, Directive 307 has certainly been on the mind of federal contractors. This blog has covered a number of issues related to Directive 307 that may make proactive analyses of pay equity complicated. One such issue...

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OFCCP Settles With TUFTS Associated Health Plans on Race-Based Claims of Discrimination and Retaliation

July 19, 2013

In a press release dated July 17, 2013, the OFCCP announced that Tufts Associated Health Plans has agreed to a $372,739 settlement related to charges of race-based discrimination in termination and retaliation. 

I recently described the prongs of...

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UPDATE TO OFCCP’s ONLINE CSAL LIST

July 19, 2013

In yesterday’s client alert, we announced that OFCCP has released its CSAL online. However, an official with OFCCP has stated that the release of this list on its website was a “technical snafu” and was not intended to be released. The official...

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OFCCP Begins Posting CSAL Notices Online

July 18, 2013
At last year's Industry Liaison Group (ILG) National Conference in Hawaii, OFCCP Deputy Director Tom Dowd announced that the agency would begin posting Corporate Scheduling Announcement Letters (CSAL) on the OFCCP website. At the time, many in the...
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Am I Underutilized?

July 09, 2013

Federal contractors covered under Executive Order (EO) 11246 are required to conduct several quantitative analyses as part of their affirmative action program (AAP). To determine in which job groups minorities and females are underutilized, 41...

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Interpreting Section 503 of the Rehabilitation Act

July 09, 2013
The federal contractor community has been anticipating a 2013 final rule updating affirmative action and nondiscrimination obligations regarding individuals with disabilities. However, it may also be useful to think about what is currently required...
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When Good Faith is Not Good Enough – Lessons Leanred From OFCCP Audits

July 09, 2013

In Fiscal Year 2012, 30% of all OFCCP compliance evaluations closed with a technical conciliation agreement. Compare this number to FY 2004, where 5% of all compliance reviews closed with a technical conciliation agreement. A technical conciliation...

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Could you send us job descriptions for all 1,000 of your jobs by next week?

June 18, 2013

Because DCI has noticed an increase in the number of OFCCP requests for copies of job descriptions, we thought this might be a good time to discuss the importance of job descriptions. From an audit perspective, job descriptions can be a double-edged...

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An Imperfect Analysis: Promotions and Terminations

June 04, 2013

As a part of a complete proactive affirmative action program, it is a best practice to conduct disparity (a.k.a. adverse impact) analyses for promotions and terminations personnel activity. Conducting these analytics is not only important in regard...

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