Despite resistance from the employer community, EEO-1 "Component 2" compensation reporting requirements will most likely be upheld by federal courts. As employers scramble to assemble their reports, many are also concerned with the potential risk exposure these reports may...more
Dan Kuang, Ph.D. Vice President - Legal and Audit Support, Biddle Consulting Group, Inc.
OFCCP released its directive (2018-04) to conduct compliance evaluations focused on the laws and regulations relating to individuals with disabilities on August 10, 2018. As federal contractors are aware, the OFCCP enforces three laws, Executive Order 11246, as amended, Section 503 of...more
The federal government's Spring 2019 Unified Agenda of Regulatory and Deregulatory Actions (regulatory agenda), which provides insight into federal agencies' priorities for the near and long term, was released on May 22, 2019. The latest regulatory agenda provides revised...more
Not all disabilities are visible to the eye, and among those that are often non-apparent are mental health conditions.
According to the National Institute on Mental Health, 19 percent of American adults experience mental health conditions each year, such as depression, anxiety disorders...more
Brett Sheats National Project Director for the National Employer Policy, EARN
Ask the Experts is an online forum where federal contractors and subcontractors are invited to submit questions to industry experts related to OFCCP compliance, affirmative action planning, and equal employment opportunity. Simply register your company on LocalJobNetwork.com to submit a question. Questions and answers will occasionally be featured in The OFCCP Digest for the benefit of all readers.
Question: "Reusing" Self-ID Form
We are trying to use a module in our applicant tracking system to solicit and collect post-offer responses (race/gender/vets/disability). The form is tied to the person's record. If someone were to leave and then be rehired, that means the form that is given to them will retain their responses from the first time they were hired. They would have the ability to change the response though, and must re-acknowledge it. Is it ok to "reuse" the form like this, or do the regulations require that we provide them with a blank form?
The simple answer here is that you should be able to reuse the form in the way you've described. The "surveying" obligation under the federal affirmative action regulations is to provide applicants and employees an opportunity to self-identify their race/ethnicity, sex, protected veteran status, and disability status... (read more)
Question: Self-Identification Regulations
I understand that the OFCCP has not specified the language contractors must use when soliciting race and gender information, but employers must notify employees and applicants that providing the information is voluntary, refusal to provide it will not subject them to negative employment consequences, and that the information will be kept separate from their applicant/employee file. Can someone point me to the specific section of the regulations that addresses this requirement?
The Office of Federal Contractor Compliance Programs (OFCCP) requires federal contractors to "identify the gender, race, and ethnicity of each employee" (41 CFR 60-1.12(c)). To clarify the regulations, OFCCP developed a Frequently Asked Question (FAQ) on the topic... (read more)
The command originated from the EEOC’s EEO-1 instruction booklet. The current set of instructions in the EEO-1 Instruction Booklet regarding self-identification reads:
Self-identification is the preferred method of identifying the race and ethnic information necessary for the EEO-1 report. Employers are required to attempt to allow employees to use self-identification to complete the EEO-1 report... (read more)
Last chance to register! Be sure to sign up for the 2019 ILG National Conference to be held in Milwaukee on July 30 – August 2, 2019. Hear directly from OFCCP, learn from industry experts, network with other contractors, and take away best practices. Register now!
Component 2 EEO-1 Web Portal Now Open
The web-based portal that the Equal Employment Opportunity Commission (EEOC) will use to collect EEO-1 Component 2 compensation data from employers is now open.
Employers, including federal contractors, are required to submit Component 2 data for 2017 and 2018 if they have 100 or more employees during these reporting periods. Employers have until September 30, 2019 to provide the required Component 2 data, which includes W-2 wages and hours worked. More information on the reporting requirement and FAQs can be found on the portal’s home page.
DOL Secretary Acosta Resigns
Sec. Alexander Acosta officially resigned from his position as head of the Department of Labor effective July 19, 2019. Deputy Labor Secretary Patrick Pizzella will serve as Acting Secretary until the Senate confirms a new Labor Secretary.
Nominations for Excellence in Disability Award Now Open
The U.S. Department of Labor (DOL) announced that the 2019 application process has officially begun for the Excellence in Disability Inclusion (EDI) Award. The EDI Award gives federal contractors a chance to be recognized for their disability inclusion efforts and their exemplary work in recruiting, hiring, retaining, and promoting individuals with disabilities. Selections for the award include the "Pacesetters" (up to 20 contractors), which will have their best practices and programs promoted as examples for others to follow. Additionally, the "Gold Award" winners (up to four contractors) will also receive three-year moratorium on OFCCP compliance reviews.
Created by the OFCCP and the Office of Disability Employment Policy (ODEP), interested contractors must complete the nomination form by August 31, 2019.
OFCCP Revises Proposed Scheduling Letters
OFCCP has revised its proposed scheduling letters incorporating some of the feedback and comments it received during the initial comment period which ended on June 10. The Office of Management and Budget (OMB) announced that it would begin reviewing these amended letters and opened up a new comment period that closes on July 29, 2019. In the meantime, current compliance reviews and those initiated during this period will utilize the current version of the letters, which have been extended on a month-to-month basis, until OMB gives final approval.
The opinions expressed in this newsletter are the opinions of the individual author(s) and do not necessarily reflect the opinions of LocalJobNetwork™. 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. LocalJobNetwork™ expressly disclaims all liability with respect to actions taken or not taken based on any or all of the contents of this newsletter.