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Wishing you a beautiful holiday season and a new year filled with peace and happiness! We sincerely thank all of our authors and readers for continuing to make The OFCCP Digest a valuable resource. We look forward to reconnecting with you in January 2016 when our next issue arrives.
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OFCCP’s New Class Member Locator Database and DOL’s Proposed Blacklisting Rule Guidance
by Alissa Horvitz, Esq. and Josh Roffman, Esq.
The vast majority of contractors that have been cited by OFCCP for violations involving discrimination have been willing to enter into voluntary conciliation agreements to resolve their compliance reviews. OFCCP’s statistics bear that out. Out of thousands of compliance reviews every year, most of them are resolved with a Notice of Compliance. Very few of them are resolved with a Notice of Violations, and of those, the vast and overwhelming majority are resolved with the contractor entering into a conciliation agreement. Entering into conciliation agreements avoid the cost, time, resources, reputational harm, and risks associated with litigation. Except perhaps in response to Freedom of Information Act (FOIA) requests, the terms of those agreements largely have not been public...more
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Alissa A. Horvitz has focused on practicing OFCCP law since 1996. Her experience includes preparing affirmative action plans, representing government contractors before...more
Joshua S. Roffman has been practicing OFCCP law since 2003. He focuses his practice primarily on advising and overseeing the preparation of affirmative action plans and...more
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Beyond “Applicants”: OFCCP’s Requests For “Expressions of Interest” In Audits
by Chris Patrick, Esq.
Picture this (perhaps familiar) scenario: You received a letter from the Department of Labor notifying you that OFCCP has selected one of your locations for a compliance review. You responsibly spent the 30-day notice period gathering relevant policies. Check. You confirmed your workforce data and double-checked your availability and utilization analyses. Check. You scoured for documentation...more
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Christopher T. Patrick is an Associate in the Denver, Colorado, office of Jackson Lewis P.C. He represents management exclusively in all areas of employment law, with an emphasis on affirmative action, EEO compliance, and diversity. In this capacity, Mr. Patrick...more
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OFCCP Compliance: It’s a bit like being in the Land of Oz!
by Jenny Nelson
Imagine repeating the phrase, “There’s no place to audit. There’s no place to audit,” and – poof! – a closure letter arrives. Wouldn’t that be nice? Unfortunately, life only works that way in the movies. None of us own a crystal ball, have ever met a cornfield scarecrow that talks or admit to knowing one, or own a dog named Toto. Well, maybe someone has a pet named Toto. But we don’t have the power...more
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Jenny Nelson is a Senior Compliance Analyst at Goodwill. With more than 18 years of Human Resources expertise in recruitment and compliance, Jenny manages Goodwill's Affirmative Action Program and provides counseling and training to management on affirmative...more
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The Year in Review for OFCCP
by Bill Osterndorf
While it’s only November, we can certainly say that this has been a year of tremendous change for companies subject to the federal affirmative action laws and regulations. The U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) implemented a number of major initiatives during 2015. With the extensive number of new and proposed initiatives involving OFCCP that have occurred in the last few years, it has become difficult...more
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William A. Osterndorf is President and founder of HR Analytical Services and has been working with affirmative action/equal opportunity issues for the last 25 years in the public and private sectors. Bill specializes in developing and writing affirmative action...more
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Listing Versus Posting
by Jacquelyn Peterson
The Local JobNetwork™ (LJN) received the following question in its online forum Ask the Experts. LJN thought it was worth sharing the question and answer with all of you as there appears to be some confusion regarding the listing requirement in the Vietnam Era Veterans’ Readjustment Act (VEVRAA).
Question: I attended a legal update on Affirmative Action...more
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Jacquelyn Peterson is a director at the Local JobNetwork™ (LJN) with experience in helping federal contractors navigate the regulatory environment and offers government compliance solutions for small companies with limited budgets to complex organizations with...more
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Visit our DOL Highlights page to receive timely summaries about updates released from the Department of Labor.
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Veterans Day is a special time to pay tribute and extend our sincerest gratitude to the brave men and women who served and are serving honorably in the military – in both wartime and peacetime – as well as to their families. We are forever indebted to our veterans who safeguarded the precious principles upon which our nation was founded.
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 Making History: A DOL Fast Fact
The Department of Labor’s Division of Labor Standards and its Women’s Bureau ensured that labor standards and improved working conditions were maintained during World War II despite labor shortages and soaring production demands. To help veterans returning to the home front, the Serviceman’s Readjustment Act of June 22, 1944, popularly known as the G.I. Bill of Rights, was introduced. The legislation provided a $20 weekly unemployment allowance in addition to counseling, placement services, education, and on-the-job training to nearly 10 million veterans between September 1944 and August 1949.
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The OFCCP Digest is a complimentary resource featuring affirmative action, equal employment opportunity, and government compliance topics to help federal contractors and subcontractors navigate the regulatory environment. Your feedback is important to us. Please share your thoughts about The OFCCP Digest by taking
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The opinions expressed in this newsletter are the opinions of the individual author(s) and do not necessarily reflect the opinions of the Local JobNetwork™. The information appearing in this newsletter is meant to provide the reader with a general understanding of topics relating to OFCCP compliance requirements and is not legal advice. If you are seeking legal advice to address OFCCP compliance issues or requirements, you should consult an attorney. The Local JobNetwork™ expressly disclaims all liability with respect to actions taken or not taken based on any or all of the contents of this newsletter.
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