Affirmative Action Compliance Consulting

Payroll Fraud Prevention Act

2012-02-15T13:51:00.001-08:00

The Payroll Fraud Prevention Act was introduced by Senator Sherrod Brown (D-OH) on April 8, 2011. This bill is in the first step of the legislative process. A similar bill, Employee Misclassification Prevention Act, proposed by the same Senator on April 22, 2010, did not come up for debate and never became law. It is not uncommon for a sponsor to reintroduce bills that were not debated.

If enacted, Payroll Fraud Prevention Act would require employers to provide written notice to employees and "non-employees" (aka - a person engaged, for the performance of labor or service, who is not an employee) that provides the following information:

Their employee/non-employee classification;
Direction to a Department of Labor Website for further information on the rights of employees under the law;
The address and telephone number for the applicable local office of the Department of Labor;
For individuals classified as non-employees, this statement: 'Your rights to wage, hour, and other labor protections depend upon your proper classification as an employee or non-employee. If you have any questions or concerns about how you have been classified or suspect that you may have been misclassified, contact the U.S. Department of Labor.'

Maintaining copies of these notifications would also be required if the bill is enacted along with a created presumption that if individuals are not notified they are employees.

Click here to read the entire bill and track the status.

This information is intended to be educational and should not be considered legal advice on any specific matter.

$10 Million provided to "combat" Worker Misclassification

2012-02-14T14:32:00.000-08:00

From the Department of Labor Office of Public Affairs (OPA) news release:

The U.S. Department of Labor today outlined its part of the president's fiscal year 2013 budget request to Congress.

In FY 2013, the department will continue to protect workers and level the playing field for businesses by providing the Wage and Hour Division with $10 million to combat worker misclassification and other violations of the Fair Labor Standards Act and the Family and Medical Leave Act. When workers are misclassified as independent contractors, they are deprived of benefits and protections to which they are legally entitled, and law-abiding businesses are placed at a disadvantage against employers who violate the law.

For more information on the president's FY 2013 budget request for the Department of Labor, visit http://www.dol.gov/budget/.

THOMAS HOUSTON associates, inc. can assist you in areas of DOL compliance. We offer pro-active and proven compliance tools and methods.

For more information on compliance services offered by THOMAS HOUSTON associates, inc. please visit our website, call 1 (800) 330-9000 or click here to schedule a convenient time for a call from an Affirmative Action Consultant.

Form I-9 "No Match Letters" - Correct Corrective Action

2012-02-07T18:09:00.001-08:00

The Department of Homeland Security (DHS) on January 24th announced forfeitures, each in the amount of $2 million dollars, for two companies as a result of Form I-9 non-compliance. Both companies received multiple Tentative Non-Confirmation (TNC) notices or "no match letters" through E-Verify and "failed to take corrective measures" thus continuing to employ undocumented aliens.

What is the correct corrective action for employers?

Notify employee of the TNC - Print the TNC and follow the employee notification instructions provided on the printed form. NOTE - In some cases E-Verify will prompt you to provide a copy of the employee's photo document.
Determine and document the employee's decision to contest on the printed TNC - Both Employer and Employee must sign and date.

If "yes" then "continue" the case and follow instructions to refer to the appropriate agency - Social Security Administration (SSA) or Department of Homeland Security (DHS).
If "no" then "close" the case by indicating whether the employee is still employed* and select the appropriate closure statement. Retain the verification number.

Provide referral letter to employees wishing to contest - Print the Referral letter (SSA or DHS), follow the referral letter instruction provided and ensure signature and date by both employer and employee. Employee has eight Federal working to contact the appropriate agency to resolve the non-confirmation.
Where requested, submit a copy of employee's photo document as instructed.
Check E-verify for updated case results and follow instructions provided.
"Close" the case by indicating whether the employee is still employed* and select the appropriate closure statement. Retain the verification number.

* no person or entity participating in E-Verify is civilly or criminally liable under any law for any action taken in good faith based on information provided through the confirmation system. If an employee chooses not to contest a TNC, the employer may terminate the employee based on E-Verify without civil or criminal liability.

THOMAS HOUSTON associates, inc. provides assistance in Form I-9 compliance. For more information on our Form I-9 Audit/Assessment, Self-Paced On-line training or Form I-9 Toolkit, please visit our website, call 1 (800) 330-9000 or click here to schedule a convenient time for a call from an Affirmative Action Consultant.

This information is intended to be educational and should not be considered legal advice on any specific matter.

IRS Voluntary Classification Settlement Program (VCSP)

2012-02-07T18:00:00.000-08:00

The IRS's Voluntary Classification Settlement Program (VCSP) is a program recently developed by the IRS that provides an opportunity for employers to reclassify their workers as employees for employment tax purposes for future tax periods with partial relief from federal employment taxes.

Under the VCSP, an employer will pay 10 percent of the amount of employment taxes calculated under reduced rates for the compensation paid for the most recent tax year to the workers being reclassified under the VCSP. In addition, the employer will not be liable for any interest and penalties on the payment under the VCSP, and will not be audited for employment tax purposes for prior years with respect to the worker classification of the workers.

As stated in the program announcement; whether a worker is performing services as an employee or as an independent contractor depends upon the facts and circumstances and is generally determined under the common law test. In some factual situations, the determination of the proper worker classification status under the common law may not be clear. In order to facilitate voluntary resolution of worker classification issues and achieve the resulting benefits of increased tax compliance and certainty for taxpayers, workers and the government, the IRS has determined that it would be beneficial to provide taxpayers with a program that allows for voluntary reclassification of workers as employees outside of the examination context and without the need to go through normal administrative correction procedures applicable to employment taxes.

Click here to apply for the VCSP

Click here for FAQ's about the VCSP

THOMAS HOUSTON associates, inc. can assist you in areas of DOL compliance. We offer pro-active and proven compliance tools and methods.

For more information on compliance services offeredy by THOMAS HOUSTON associates, inc. please visit our website, call 1 (800) 330-9000 or click here to schedule a convenient time for a call from an Affirmative Action Consultant.

This information is intended to be educational and should not be considered legal advice on any specific matter.

Comments Count - Congress is Paying Attention

2012-02-07T17:45:00.000-08:00

On February 6th, the Department of Labor announced a 14-day extension of the comment period for its proposed rule to revise regulations implementing Section 503 of the Rehabilitation Act of 1973, which obligates most federal contractors and subcontractors to ensure equal employment opportunity for qualified workers with disabilities.

Although previous extension requests had been rejected, this announcement comes after a January 17 letter from Congress asking the OFCCP to extend the comment period on the NPRM. Additionally the letter questions the legal authority under 503 for the OFCCP to establish a numerical hiring standard, raising concern about instituting a quota. Other concerns raised include the conflict of the pre-offer request to self-identify with the statutory language of the Americans with Disabilities Act (ADA) and the potential paperwork and recordkeeping burdens to employers.

It would appear that Ms. Sandra Scott Ziegler, Esq., recently retired OFCCP Midwest Region Director, was accurate in her January 7 2012 article: "Commenting on the Section 503 Notice of Proposed Rulemaking: What You Need to Know" when explaining why comments on proposed rulemaking are crtical. Ms Ziegler points out that the OFCCP is not the only potential audience for comments. The OMB (Office of Management and Budget) as well as elected officials may be influenced by the comments and by how much interest the rule has generated as measured by the volume of comments received.

Click here to read the letter from Congress to the OFCCP
Click here to read Ms. Zieger's article
Click here to read Highlights of the NPRM

THOMAS HOUSTON associates, inc. can assist you in meeting the challenges that will arise as a result of the upcoming OFCCP's regulatory efforts. We offer pro-active and proven compliance tools and methods.

For more information on the affirmative action compliance services offered by THOMAS HOUSTON associates, inc. visit www.thomashouston.com, call (800) 330-9000 or click here to schedule a convenient time for a call from an Affirmative Action Consultant.

Section 503 NPRM Comment Period Extended

2012-02-07T09:07:00.000-08:00

From the OFCCP:

On December 9, 2011, the Office of Federal Contract Compliance Programs (OFCCP) published in the Federal Register a notice of proposed rulemaking (NPRM). This NPRM (76 FR 77056) proposes to revise the regulations implementing the nondiscrimination and affirmative action regulations of section 503 of the Rehabilitation Act of 1973, as amended.

The original comment period is scheduled to end on Tuesday, February 7, 2012. After receiving several requests for extensions, OFCCP is extending the comment period for this NPRM for 14 days until Tuesday, February 21, 2012. This action will provide all interested persons additional time to analyze the issues and provide their comments on the NPRM. Parties who filed comments previously may supplement or submit additional comments during the extended comment period. Parties interested in commenting can view the NPRM and submit comments by using the Federal eRulemaking Portal http://www.regulations.gov/ and referencing RIN 1250-AA02.

OFCCP is publishing a Federal Register notice announcing this two-week extension of the comment period.

For more information on the affirmative action compliance services offered by THOMAS HOUSTON associates, inc. call (800) 330-9000 or click here to schedule a convenient time for a call from an Affirmative Action Consultant.

Proposed rulemaking to implement statutory amendments to Family and Medical Leave Act

2012-01-31T13:17:00.000-08:00

The U.S. Department of Labor is issuing a notice of proposed rulemaking to implement new statutory amendments to the Family and Medical Leave Act that would expand military family leave provisions and incorporate a special eligibility provision for airline flight crew employees.

The proposed language would extend the entitlement of military caregiver leave to family members of veterans for up to five years after leaving the military. At this time, the law only covers family members of "currently serving" service members. Additionally, the proposal expands the military family leave provisions of the FMLA by extending qualifying exigency leave to employees whose family members serve in the regular armed forces. Currently, the law only covers families of National Guard members and reservists.

For airline flight crew employees, the proposed revision makes the benefits of the FMLA more accessible. It would add a special hours of service eligibility requirement for them and specific provisions for calculating the amount of FMLA leave used that better take into account the unique — and often difficult to track — hours worked by crew members.

Download the proposed rule here

Review the FAQs here

Read the DOL press release here

THOMAS HOUSTON associates, inc. can assist in meeting the challenges that will arise as a result of upcoming regulatory efforts. We offer pro-active and proven compliance tools and methods.

For more information on the compliance services offered by THOMAS HOUSTON associates, inc. visit www.thomashouston.com, call (800) 330-9000 or click here to schedule a convenient time for a call from a consultant.

A Page from the DOL Strategic Plan

2012-01-31T10:23:00.000-08:00

The Department of Labor Strategic Plan FY 2011-2016 was posted in September 2010. It is no surprise that the Office of Federal Contract Compliance is named throughout the plan; "Through the work of the Office of Federal Contract Compliance Programs (OFCCP), DOL ensures that over 200,000 contractors and sub-contractors working under contracts with the federal government provide equal employment opportunities – a fair and diverse workplace."

Following is a page from the DOL Strategic Plan that outlines the Strategic and Outcome goals for FY 2011-2016:

Click here to access the complete Department of Labor (DOL) FY 2011 - 2016 strategic plan.

This information is intended to be educational and should not be considered legal advice on any specific matter.

Objectives and Goals of the EEOC Draft Strategic Plan

2012-01-31T09:48:00.000-08:00

As required by the Congress of the United States, the United States Equal Employment Opportunity Commission (“the EEOC”) posted its Fiscal Years on January 18. Public Comments may be submitted by 5:00 pm ET on February 1, 2012 at strategic.plan@eeoc.gov or by mail to Office of the Chair, U.S. Equal Employment Opportunity Commission, 131 M Street, NE, Washington, DC 20507. This draft plan has not been approved by the Commission and is still under review.

The Congress of the United States requires Executive departments, Government corporations, and independent establishments to develop and post a strategic plan on their public website every four fiscal years. The Department of Labor Strategic Plan FY 2011-2016 was posted in September 2010.

The 2012 - 2016 Draft Strategic Plan of the EEOC establishes the following objectives and outcome goals:

Combat employment discrimination through strategic law enforcement, with the outcome goals of: 1) having a broad impact in reducing employment discrimination at the national and local levels; and 2) remedying discriminatory practices and securing meaningful relief for victims of discrimination;
Prevent employment discrimination through education and outreach, with the outcome goals of: 1) members of the public understand and know how to exercise their right to employment free of discrimination; and 2) employers, unions and employment agencies (covered entities) prevent discrimination and better resolve EEO issues, thereby creating more inclusive workplaces; and
Deliver excellent service through effective systems, updated technology, and a skilled and diverse workforce, with the outcome goal of all interactions with the public being timely, of high quality, and informative.

THOMAS HOUSTON associates, inc. can assist in meeting the challenges that will arise as a result of upcoming regulatory efforts. We offer pro-active and proven compliance tools and methods.

Department of Labor (DOL) Misclassification Initiative

2012-01-25T06:35:00.000-08:00

Employer to pay $250,000 in back wages and damages following DOL investigation

Company pays more than $256,000 in back wages following DOL investigation

DOL recovers more than $219,000 in back wages and liquidated damages for 44 misclassified Boston-area restaurant employees

These are just a few examples of 2011 findings in investigations conducted as part of the DOL's Misclassification Initiative to vigorously examine the classification of employees/independent contractors.

In September 2011, as part of this initiative, a Memorandum of Understanding (MOU) was signed between the DOL and the Internal Revenue Service (IRS). Under this agreement, the agencies will work together and share information to "reduce the incidence of misclassification of employees, to help reduce the tax gap, and to improve compliance with federal labor laws." Additionally, the Department's Wage and Hour Division has signed MOUs with eleven states and other DOL agencies, including the OFCCP. These MOUs will enable the Department to share information and to coordinate enforcement efforts.

Classification of Independent Contractors is far from "cut and dry". The Supreme Court has said that there is no definition that solves all problems relating to the employer-employee relationship under the Fair Labor Standards Act (FLSA). The Court has also said that determination of the relation cannot be based on isolated factors or upon a single characteristic, but depends upon the circumstances of the whole activity. The goal of the analysis is to determine the underlying economic reality of the situation and whether the individual is economically dependent on the supposed employer. In general, an employee, as distinguished from an independent contractor who is engaged in a business of his own, is one who "follows the usual path of an employee" and is dependent on the business that he serves.

Further guidance on making Independent Contractor determinations may be found at the following websites:

Department of Labor - eLaws - Independent Contractor

IRS - Independent Contractor (Self-Employed) or Employee?

Read more about the DOL's Misclassification Initiative

For more information on the affirmative action compliance services offered by THOMAS HOUSTON associates, inc. visit our website www.thomashouston.com, call (800) 330-9000 or click here to schedule a convenient time for a call from an Affirmative Action Consultant.

Remember! Caucasion Applicants are subject to Discrimination

2012-01-18T10:01:00.000-08:00

The discrimination findings announced by the Department of Labor on January 12 are a reminder for Federal contractors who review employment activities for discrimination; It is important to look for adverse impact affecting Caucasians.

The JacintoPort International LLC settlement, involved 21 Caucasian applicants and this is not the first finding: In October 2010 the U.S. Department of Labor's Office of Federal Contract Compliance Programs announced that Tyson Refrigerated Processed Meats Inc. agreed to settle findings of hiring discrimination against 375 Caucasian applicants for laborer positions at the company's bacon processing plant in Vernon, Texas.

The easy to read Impact Ratio Analyses included in THOMAS HOUSTON associates inc.'s Management Action Plan (MAP) thouroughly analyzes all protected groups including Caucasians for all employment activity data. The MAP also includes a summary of all analyses that highlights areas that may be problematic in the event of a compliance evaluation.

For more information on the affirmative action compliance services offered by THOMAS HOUSTON associates, inc. visit our website www.thomashouston.com, call (800) 330-9000 or click here to schedule a convenient time for a call from an Affirmative Action Consultant.

What Will Your Comment Be?

2012-01-18T08:16:00.001-08:00

As promised during Director Patricia Shiu's ILG keynote speech delivered on July 27, the "game-changer" revisions to Section 503 of the Rehabilitation Act of 1973 were published for public comment on December 9, 2011.

Comments are due on 2/7/2012

Included in the comments to date is a letter from SHRM (Society for Human Resource Management) Director of Government Affairs and Chief Government Relations Officer for CUPA (The College and University Professional Association for Human Resources) requesting an extension of the comment period. This request is made due to the significance, clearly recognized by the OFCCP, of the proposed rulemaking. The letter estimates a cost impact of $81 million dollars annually to Federal contractors if the rulemaking is implemented as proposed. Additionally the letter points out that the proposal was issued during some of the busiest months of the year for HR professionals.

As stated in a recent article by Ms. Sandra Scott Ziegler, Esq., recently retired OFCCP Midwest Region Director, comments are critical on the proposed rulemaking for a number of reasons, which include:

OFCCP is not the only potential audience - the OMB (Office of Management and Budget) as well as elected officials may be influenced by the comments and by how much interest the rule has generated as measured by the volume of comments received.
Comments become a part of the rulemaking record and may be important if the legality of the rule is challenged.

Read the full article by Ms. Zeigler, Esq

Proposed Reasonable Accommodation Procedure Requirements

2012-01-12T11:40:00.000-08:00

The Notice of Proposed Rulemaking (NPRM) to revise the regulations implementing the non-discrimination and affirmative action regulations of section 503 of the Rehabilitation Act of 1973, require the development and implementation of written procedures for processing requests for reasonable accommodation. While it is true that procedures may vary due to the size, structure, and resources of a company, there are specific elements put forth in the proposed regulations that must be included in all procedures:

Contact information for responsible official - This official may be the same official responsible for the implementation of the contractor's affirmative action program, and must have the authority, resources, support, and access to top management necessary to effectively implement the reasonable accommodation procedures.
Reasonable accommodation requests -
- How - Clarification that reasonable accommodation requests may be made verbally or in writing, with no required verbiage, by an applicant, employee or third party;
- When - Stipulation that a request may be made at any time and does not have to be repeatedly submitted for a recurring need (i.e. Sign Language Interpreter);
- Who - Identification of whom a request should be submitted to: At a minimum, this should include someone in the employees chain of command AND the named official responsible for implementation, and;
- Applicant notification - Process by which applicants will be notified of the company's reasonable accommodation obligation and the right of all applicants to request a reasonable accommodation to participate in the application process. Additionally, provisions for processing applicant requests within the application process timeframe.
Written Confirmation - Although a reasonable accommodation request can be made in different ways, it is required that all requests be confirmed in writing and include:
- Date accommodation request was received (for oral requests this is the day the oral request was made); and
- Signature by the authorized decision maker.
Processing Timeframes - A company may set its own timeframe for processing requests - however the proposed rule specifies a requirement of 5-10 business days without the need for supporting medical documentation and no more than 30 days where supporting medical documentation or special equipment is required. Procedures should explain any extenuating circumstances that may result in going beyond the stipulated time frames and the written notification used to advise the requestor of the delay.
Process Description - A description of the steps involved, specific information required, and the interactive process that may be initiated with the requestor.
Medical Documentation - Parameters must be defined for any required medical documentation and include the following:
- Not open-ended;
- Limited to the disability and functional limitations; and
- Required only if disability and reasonable accommodation is not known or obvious.
Denial - Stipulation that denials must be in writing and include:
- Reason with date and signature by the authorized decision maker;
- Any relative information about an internal appeal process;
- A statement advising requestor of their right to file a discrimination complaint.
Confidentiality - Indication that all requests for reasonable accommodation and related documentation will be treated as a confidential medical record and will be maintained in a separate medical file.

For more information on this proposed rule:

Read the complete highlight article, Fact Sheet, or Frequently Asked Questions from the OFCCP.

Click here to download the proposed rule

Click here to comment on the proposed rule

Comment period closes ~~2/7/2012~~ 2/21/2012

Catching Up After the Holidays

2012-01-12T10:46:00.000-08:00

CORPORATE SCHEDULING ANNOUNCEMENT LETTERS (CSAL) SENT

Be on the look-out for the latest round of Corporate Scheduling Announcement Letters sent by the Office of Federal Contract Compliance Programs (OFCCP) on December 20. A CSAL is notification to a corporation that one or more of its establishments are on the list of contractor establishments selected to undergo a compliance evaluation during the scheduling cycle. It is not a letter scheduling a compliance evaluation. Read more about CSAL here.

VETS100/100A FILING DEADLINE EXTENDED

The filing deadline for VETS-100/100A reports in the 2011 cycle has been extended to January 15, 2012. At that time the VETS-100 application will be removed from public service until further notice.

UPDATED OFCCP EMPLOYMENT RESOURCE REFERRAL DIRECTORY (ERRD) NOW AVAILABLE

The OFCCP has updated its Employment Resource Referral Directory (ERRD) that lists references to assist in hiring of qualified applicants. This directory is designed to reinforce the "Linkage Program" by listing hundreds of organizations that can provide workers having a variety of job skills and capabilities and are work ready. The directory may be accessed at http://www.dol-esa.gov/errd/index.html.

NLRB POSTPONES EFFECTIVE DATE OF RIGHTS POSTING RULES AGAIN

The National Labor Relations Board has agreed to postpone the effective date of its employee rights notice-posting rule at the request of the federal court in Washington, DC hearing a legal challenge regarding the rule. The Board's ruling states that it has determined that postponing the effective date of the rule would facilitate the resolution of the legal challenges that have been filed with respect to the rule. The new implementation date is April 30, 2012.

For more information on the affirmative action compliance services offered by THOMAS HOUSTON associates, inc., visit www.thomashouston.com, call (800) 330-9000 or click here to schedule a convenient time for a call from an Affirmative Action Consultant.

Adverse Impact Applies to More Than the Final Selection

2012-01-12T09:27:00.000-08:00

Recent findings of the EEOC of hiring discrimination reinforce the importance of reviewing all stages of a company's selection process. Even where methods are consistently applied (i.e. testing, background checks), it is important that the methods used are validated. Adverse impact analyses applied to each stage of a screening process may indicate where protected groups are disproprtionately affected and where further evaluation of the method used is necessary. The most recent example is the criminal background check policy formerly used by Pepsi.

As announced on 1/11/12, Pepsi Beverages (Pepsi), formerly known as Pepsi Bottling Group, has agreed to pay $3.13 million and provide job offers and training to resolve a charge of race discrimination filed in the Minneapolis Area Office of the U.S. Equal Employment Opportunity Commission (EEOC).

The EEOC’s investigation revealed that more than 300 African Americans were adversely affected when Pepsi applied a criminal background check policy that disproportionately excluded black applicants from permanent employment. The use of arrest and conviction records to deny employment can be illegal under Title VII of the Civil Rights Act of 1964, when it is not relevant for the job, because it can limit the employment opportunities of applicants or workers based on their race or ethnicity.

“When employers contemplate instituting a background check policy, the EEOC recommends that they take into consideration the nature and gravity of the offense, the time that has passed since the conviction and/or completion of the sentence, and the nature of the job sought in order to be sure that the exclusion is important for the particular position. Such exclusions can create an adverse impact based on race in violation of Title VII,” said Julie Schmid, Acting Director of the EEOC’s Minneapolis Area Office. “We hope that employers with unnecessarily broad criminal background check policies take note of this agreement and reassess their policies to ensure compliance with Title VII.”

For information on the affirmative action compliance services offered by THOMAS HOUSTON associates, inc., visit www.thomashouston.com, call (800) 330-9000 or click here to schedule a convenient time for a call from an Affirmative Action Specialist.

"War is Over" - Hire a Vet

2011-12-22T10:57:00.000-08:00

December 2011 marks the end of the war in Iraq. Defense Secretary Leon Panetta cites the casualties of the war at 4,500 killed and more than 30,000 wounded. President Obama has promised that our veterans will return to a country that "will fight as hard for them as they return home as they have done for us these past nine years".

Part of the fight is providing jobs to our veterans. As of June 2011, the unemployment rate for post 9/11 veterans was 13.3%. This figure will certainly increase with the return of the remaining soldiers stationed in Iraq.

There are a number of tools emerging from the initiatives of the federal government that may be utilized to find and employ veterans as well as comply with proposed regulation changes. Following are just a few examples:

AW2 Warriors in Transition

Hiring our Heroes Hiring Fairs

Hiring Veterans - Toolkit for Employers

National Resource Directory

These links may be used to identify potential relationships with "Employment Delivery Systems" that will provide "priority referrals" as required in the proposed Veteran regulations. Please visit our website for additional Veteran resources links.

For more information on the affirmative action compliance services offered by THOMAS HOUSTON associates, inc. visit our website or call (800) 330-9000.

Highlights of the Proposed Rule for Individuals with Disabilities

2011-12-15T07:51:00.000-08:00

On December 9, 2011 the OFCCP published a Notice of Proposed Rulemaking (NPRM) to revise the regulations implementing the non-discrimination and affirmative action regulations of section 503 of the Rehabilitation Act of 1973, as amended. The revisions will increase Federal contractor affirmative action obligations to ensure equal employment opportunities for qualified workers with disabilities.

Highlights of the proposed rule: / comment requests include:

Goal / Goal Range / Sub-Goal: Establish a hiring goal of 7 percent for individuals with disabilities in each job group. Also being proposed are: a utilization goal range rather than the fixed 7 percent goal, and a 2 percent sub-goal for individuals with certain particularly severe or targeted disabilities.
Invitation to Self Identify: a) Invite all applicants to voluntarily self-identify as an “individual with a disability” at the pre-offer stage of the hiring process; b) invite post-offer voluntary self-identification and conduct an annual survey of all employees.
Record-Keeping: Maintain records on the number of individuals with disabilities referred to, applying for and hired to open positions for a period of 5 years.
Accommodation Requests: Develop and implement written procedures for processing requests for reasonable accommodation.
Outreach / Linkage Agreements: Engage in linkage agreements with a minimum of three specific types of outreach and recruitment efforts to recruit individuals with disabilities.
Job Listings: List job openings with One-Stop Career Centers or other appropriate employment delivery systems.
Annual Reviews: Require the previously recommended steps to review personnel processes, as well as physical and mental job qualifications.

Read the complete highlight article, Fact Sheet, or Frequently Asked Questions from the OFCCP

Click here to download the proposed rule
Click here to comment on the proposed rule.
Comment period closes ~~2/7/2012~~ 2/21/2012.

Understanding Proposed Vet Ratios - Key Terms

2011-12-14T06:51:00.000-08:00

One of the factors in establishing the required hiring benchmarks in the proposed veteran regulations is "The referral ratio, hiring ratio and applicant ratio for the previous year". While the statement is simple, the process is a little more daunting, beginning with the key terms of the first computation requirement of the proposed data collection detail necessary for establishing the ratios:

"The number of priority referrals of veterans protected by this part that the contractor received from applicable employment service delivery system(s)".

These key terms are included in a process that is part of the revised Equal Employment Opportunity Clause which is required by the proposed regulations to be included in all government contracts and subcontracts;

Contractors shall "advise each employment service delivery system in each state where it has establishments that: (a) It is a Federal contractor, so that the employment service delivery systems are able to identify them as such; and (b) it desires priority referrals from the state of protected veterans for job openings at all locations within the state. The contractor shall also provide to the employment service delivery system the name and location of each hiring location within the state and the contact information for the contractor official responsible for hiring at each location. In the event that the contractor uses any external job search organizations to assist in its hiring, the contractor shall also provide to the employment service delivery system the contact information for the job search organization. The disclosures required by this paragraph shall be updated on an annual basis. . . ."

The term priority referral is fairly self explanatory. The term employment delivery system requires further explanation:

"Employment Service Delivery System is a service delivery system at which or through which labor exchange services, including employment, training, and placement services, are offered in accordance with the Wagner-Peyser Act."

In essence, employment delivery systems are used for outreach and recruitment. For "External dissemination of policy, outreach and positive recruitment", (§60-250.44/300.44 (f)) the proposed regulations require:

"a linkage agreement with the Local Veterans' Employment Representative (LEVR)"

AND at least one other source from the following:

The Department of Veterans Affairs Regional Office;
The veterans' counselors and coordinators (Vet-Reps) on college campuses;
The service officers of the national veterans' groups;
Local veterans' groups and veterans' service centers; and
The Department of Defense Transition Assistance Program (TAP).

AND

One or more of the veterans' service organizations listed on the National Resource Directory

And so, what is a linkage agreement?

"An agreement describing the connection between contractors and appropriate recruitment and/or training sources. A linkage agreement is to be used by contractors as a source of potential applicants for the covered groups the contractor is interested in, as required by [External dissemination of policy, outreach and positive recruitment.]. The contractor's representative that signs the linkage agreement should be the company official responsible for the contractor's affirmative action program and/or has hiring authority."

So, in more expanded terms, the first component of developing the ratios required for the required hiring benchmarks is:

Select three appropriate employment delivery systems from the options offered in the regulations.
Sign a linkage agreement with each that describes the intent of the agreement as it relates to federal contracts and referrals and includes information on other recruiting sources used.
Set up a system of referral of all job openings
Set up a system for retaining all referrals* received from the employment delivery systems.

* "all referrals" are necessary in order to complete the referral ratio computation.

View the proposed rule here.

VOW Tax Credits

2011-12-07T14:45:00.000-08:00

On November 21, the VOW to Hire Heroes Act of 2011 was signed into law by President Obama. In addition to education, training, and transition programs for veterans, the Act provides further hiring tax incentives to employers.

The Returning Heroes Tax Credit is a new hiring tax credit for unemployed veterans.

For the short-term unemployed: A new credit of 40 percent of the first $6,000 of wages (up to $2,400) for employers who hire veterans who have been unemployed at least 4 weeks.
Long-term unemployed: A new credit of 40 percent of the first $14,000 of wages (up to $5,600) for employers who hire veterans who have been unemployed longer than 6 months.

The Wounded Warrior Tax Credit will double the existing tax credit for long-term unemployed veterans with service-connected disabilities.

Maintain the existing Work Opportunity Tax Credit for veterans with service-connected disabilities (currently the maximum is $4,800).
A new credit of 40 percent of the first $24,000 of wages (up to $9,600) for employers that hire veterans with service-connected disabilities who have been unemployed longer than 6 months.

The Vow to Hire Heroes Act of 2011 Fact Sheet outlines the key provisions of the Act and includes veterans statistics by state and county from the Bureau of Labor Statistics.

Please visit our Veteran Resources page for additional links.

For more information on the affirmative action compliance services offered by THOMAS HOUSTON associates, inc., visit our website, call (800) 330-9000 or click here to schedule a convenient time for a call from an Affirmative Action Consultant.

MOU - Employee Misclassification - Which States Have Signed?

2011-12-06T12:08:00.000-08:00

The Federal Department of Labor and the Colorado Department of Labor and Employment, signed a Memorandum of Understanding (MOU) on Dec. 5 regarding the improper classification of employees as independent contractors. This partnership is the 11th of its kind for the U.S. Department of Labor.

Memorandums of understanding with state government agencies arose as part of the U.S. Department of Labor's Misclassification Initiative, which was launched under the auspices of Vice President Biden's Middle Class Task Force with the goal of preventing, detecting and remedying employee misclassification. In 2010, the Wage and Hour Division collected nearly $4 million in back wages for minimum wage and overtime violations under the Fair Labor Standards Act that resulted from employees being misclassified as independent contractors or otherwise not treated as employees.

To see which states have signed and / or to read the MOUs visit http://www.dol.gov/whd/workers/misclassification/stateinfo-nojs.htm.

Read the WHD News Release

THOMAS HOUSTON associates, inc. can assist you in meeting the challenges that will arise as a result of the upcoming regulatory efforts. We offer pro-active and proven compliance tools and methods.

Where's the Availability?

2011-11-30T13:42:00.000-08:00

Proposed regulation changes to "Affirmative Action and Nondiscrimination Obligations of Contractors and Subcontractors regarding protected Veterans" require contractors to establish hiring benchmarks "using existing data on veteran availability".

The proposed rule recognizes that availability data is not readily available: ". . .the Bureau of Labor Statistics and Census Bureau do not tabulate data pertaining to the specific classifications of protected veterans under part §60-300 . . ." and requires contractors to "consult a number of different sources of information" in establishing hiring benchmarks.

Two of the required sources are established using new contractor data collection and analyses requirements also included in the proposed rule:

Historical ratios (referral, applicant, and hiring), newly established under the proposed rule. The OFCCP believes that the newly required data collection analysis will provide "important information that does not currently exist"; and
A review of the effectiveness of the previous 12 months of outreach and recruitment efforts - this will incorporate the contractors' established ratios.

Two additional required sources will be posted on the OFCCP web-site. In establishing hiring benchmarks, there are a total of five sources that contractors "shall take into account":

The average percentage of veterans in the civilian labor force in the State(s) where the contractor is located, over the preceding three years, as calculated by the Bureau of Labor Statistics and published on the OFCCP Web site;
The number of veterans, over the previous four quarters, who were participants in the employment service delivery system in the State(s) where the contractor is located, as tabulated by the Veterans' Employment and Training Service and published on the OFCCP Web site;
The referral ratio, applicant ratio, and hiring ratio for the previous year, as set forth in §60-300.44(k);
The contractor's recent assessments of the effectiveness of its external outreach and recruitment efforts as set forth in §60-300.44(f)(3); and
Any other factors, including but not limited to the nature of the contractor's job openings and/or its location which would tend to affect the availability of qualified protected veterans.

View the proposed rule here

OFCCP seeks cancellation of $550 million in contracts with Cargill Meat Solutions

2011-11-29T12:17:00.000-08:00

From the OFCCP News Release:

The U.S. Department of Labor's Office of Federal Contract Compliance Programs has filed an administrative complaint against federal contractor Cargill Meat Solutions, alleging that the company systematically discriminated against 4,069 qualified female, white, black, Hispanic and Native American applicants who sought entry-level production jobs at its Springdale facility.
The complaint was filed with the department's Office of Administrative Law Judges after OFCCP was unable to secure a fair resolution from Cargill Meat Solutions to pay back wages and interest to the rejected job applicants and extend job offers to at least 167 of the affected workers. OFCCP is seeking cancellation of Cargill Meat Solutions' existing government contracts and debarment from entering into future contracts until the company resolves all violations and corrects its discriminatory employment practices.

"This is an unfortunate case in which thousands of qualified workers were denied the opportunity to compete fairly for jobs in a tough economy," said OFCCP Director Patricia A. Shiu. "Cargill has discriminated against vulnerable workers. OFCCP is prepared to use every tool at our disposal, including canceling a company's federal contracts when necessary, to achieve the goal of equal opportunity for workers."

Click here to read the news release in its entirety

For more information on the compliance services offered by THOMAS HOUSTON associates, inc., please visit our website

The "Ascendance" of the OFCCP

2011-11-16T12:09:00.000-08:00

"A moment of ascendance, a period of renaissance" were the words used by Director Shiu to describe the status of the OFCCP during the keynote speech at the NILG Convention in July of this year. With the Obama administration, the OFCCP has seen a restored commitment to the core values of equality, fairness and opportunity for all. President Obama is providing the resources that the OFFCP needs to be the enforcement agency "he envisions". The "ascendance" of the OFCCP incorporates:

Update of regulations: The OFCCP is updating and revising regulations; "...we are going to put some teeth in them and strengthen affirmative action requirements for contractors."
The Federal Contractor Compliance Manual is being revised to provide clarity on enforcement.
Staff increase by 35%: Approximately 200 new compliance officers have been hired and trained in the first national training in more than a decade.

The OFCCP outreach efforts aimed at all employees is also a significant part of this ascendance. These efforts include the clear message that "being a federal contractor or subcontractor is not a right, it's a privilege" and that the OFCCP protects all employees of, and those who seek employment with, Federal contractors.

For more information on the affirmative action compliance services offered by THOMAS HOUSTON associates, inc. call (800) 330-9000 or click here to schedule a convenient time for your call.

Honoring Veterans

2011-11-08T12:42:00.000-08:00

Honor your Veterans with the this poster from the Department of Veteran Affairs:

Click here to Download

Please visit THOMAS HOUSTON associates, inc. for links to important veterans resources.

The Doors of the OFCCP are Open for Business

2011-11-02T09:19:00.000-07:00

The business of the OFCCP, as emphasized in their new workers brochure; "Opening Doors", is to protect workers, promote diversity and enforce the law. "Opening Doors" also reinforces the statement of commitment voiced by Director Shiu during the 2011 NILG keynote speech: "Affirmative action is our national commitment to right a wrong, to redeem the promise of America by opening doors of opportunity to all workers - even if we have to pry those doors open from time to time."

The brochure's audience is "all workers" and the six page content simplifies the definition and legal requirements of Federal Contractors as well as the enforcement options that the OFCCP may invoke; back wages, job offers and "legal action to end [Federal Contractor's] valuable government contracts". Similar to the EEOC's website solicitations, the brochure encourages workers who feel they have been victims of discrimination to make contact with the enforcement agency: "The OFCCP is eager to help."

As stated in the NILG keynote speech, the OFCCP is making sure that workers know who they are and what they do. Director Shiu shared with the attendees at the NILG convention that OFCCP "outreach efforts are about making sure that [Federal Contractor] employees know that we have their backs, that they can come to us and we will be their advocates". In the first half of 2011, OFCCP hosted nearly 1,000 outreach events for about 26,000 people.

In conjunction with these outreach efforts, the OFCCP is proposing changes to regulations and data collection that touch every part of affirmative action regulations and requirements. THOMAS HOUSTON associates, inc. can assist you in meeting the challenges that will arise as a result of the upcoming OFCCP's regulatory efforts. We offer pro-active and proven compliance tools and methods.

For more information on the affirmative action compliance services offered by THOMAS HOUSTON associates, inc., call (800) 330-9000 or click here to schedule a convenient time for your call.

Read the "Opening Doors" brochure

Secretary Napolitano Recaps the Success of Form I-9 Enforcement

2011-11-01T08:46:00.000-07:00

Included in the testimony given by Secretary Janet Napolitano before the United States House of Representatives Committee on the Judiciary was a summary of the success and progress of the Department of Homeland Security’s worksite enforcement activities: Since Fiscal Year 2009, ICE has audited more than 6,000 employers suspected of hiring illegal labor, debarred 441 companies and individuals, and imposed more than $76 million in financial sanctions. In Fiscal Year 2011, ICE also criminally arrested 221 employers accused of violations related to employment, an agency record.

Secretary Napolitano credited specific practices for the successful results: Focusing on employers who knowingly and repeatedly hire illegal labor, utilizing robust Form I-9 inspections, civil fines, debarment, and enhancing compliance tools like E-Verify.

E-Verify is a web-based employment verification system managed by U.S. Citizenship and Immigration Services (USCIS) and is designed to assist employers in complying with the law. According to the testimony, as of Fiscal Year 2011, more than 292,000 employers have enrolled in E-Verify, representing more than 898,000 locations. More than 1,000 new employers enroll each week and the number of employers enrolled in E-Verify has more than doubled each fiscal year since 2007. In Fiscal Year 2011 alone, E-Verify processed 17.4 million employment queries. Specific improvements to E-Verify's accuracy and efficiency were cited including a reduction in mismatches for naturalized and derivative U.S. citizens by adding naturalization data and U.S. passport data to E-Verify.

THOMAS HOUSTON associates, inc. can assist your company in Form I-9 compliance. We offer both a Form I-9 Compliance Assessment service and an on-line self-paced Form I-9 / E-Verify Compliance training course. For more information, please visit our website, call 1-800-330-9000 or click here to schedule a convenient time for one of our consultants to call you.

Socializing with the Department of Labor

2011-10-27T12:13:00.000-07:00

On October 20, the Department of Labor announced an innovative partnership intended to "provide immediate, meaningful and ready-to-use information for job seekers and employers, and a modern platform to better connect them." Secretary Solis stated: "Linking America's job seekers with the resources they need to get back to work is a top priority of the Obama Administration and my department."

The initiative brings together the U.S. Labor Department, Facebook, the National Association of State Workforce Agencies, the DirectEmployers Association and the National Association of Colleges and Employers.

As part of the announcement, Facebook officials debuted a "social jobs partnership" page that highlights available training programs, educational opportunities and job search resources, which can be accessed at http://www.facebook.com/socialjobs. Facebook also made a commitment to drive traffic to the page through targeted online public service announcements that will appear to users in geographic areas experiencing high unemployment.

"Facebook is about connecting people, so that they can share what's important to them, and that is the driving force behind the social jobs partnership," said Marne Levine, Facebook's vice president of global public policy. "We've brought employers, recruiters, college career services and government agencies together to help the millions of Americans who use Facebook to find jobs." Full News Release

THOMAS HOUSTON associates, inc. specializes in affirmative action compliance services and provides compliance updates on a regular basis. To read our recent compliance updates, newsletters and blogs, please visit the eNewsletter and Events page on our website.

For more information on the affirmative action compliance services offered by THOMAS HOUSTON associates, inc., call (800) 330-9000 or click here to schedule a convenient time for your call.

Good Faith Effort for Individuals with Disabilities

2011-10-20T20:20:00.000-07:00

Post the "National Disability Employment Awareness" poster during the month of October:

For more information on the campaign click here. To download the poster click here.

For information on the affirmative action compliance services offered by THOMAS HOUSTON associates, inc., call 1-800-330-9000 or click here to schedule a convenient time to receive a call from one of our Affirmative Action Consultants.

Are You Keeping Up With the Proposed Regulatory Changes?

2011-10-20T07:51:00.000-07:00

Take our Quiz

(answers below)

True or False?

Proposed changes to the OFCCP Compliance Evaluation Scheduling Letter and Itemized Listing:

1. The comment period for the proposed changes to the Scheduling Letter and Itemized Listing is closed.

2. Item 12 of the proposed itemized listing will require submission of more precise compensation data.

Notification of Employee Rights under the National Labor Relations Act

3. All private sector employers, subject to the National Labor Relations Act (NLRA), are required to post notices informing their employees of their rights as employees under the NLRA as of November 14, 2011.

OFCCP proposed rule: Affirmative Action and Nondiscrimination Obligations of Contractors and Subcontractors Regarding Protected Veterans

4. The proposed rule will require contractors to maintain referral, applicant and hire data for protected veterans as well as job opening / job fill data for a period of five years.

Answers

1. FALSE –The OFCCP comment period has closed, however The Office of Management and Budget is now requesting comments with regard to the OFCCP request for changes. The OMB comment period closes 10/28.

2. TRUE - The more precise data is individual employee data rather than the aggregate data requested in the current Scheduling Letter. Additionally, the data will be required “as it existed on the most recent February 1st date”.

3. FALSE - A Federal contractor will be regarded as complying with the Board’s notice posting rule if it posts the Department of Labor’s “Notice of Employee Rights”. Additionally the National Labor Relations Board has extended the date from November 14 to January 31, 2012

4. TRUE – The proposed regulation requires that contractors maintain several quantitative measurements and comparisons (including calculated ratios). The OFCCP believes that these measurements will provide “important information that does not currently exist” with regard to the number of protected veterans who are referred to or apply for jobs with Federal Contractors.

OMB Requesting Comments on OFCCP Scheduling Letter Changes

2011-10-11T06:59:00.000-07:00

*Comments Needed by 10/28/11

The Office of Management and Budget is requesting comments with regard to the OFCCP request for changes to the Scheduling Letter, which is used to schedule Federal contractors for Compliance evaluations. Also included in this request are significant changes to the Itemized Listing that accompanies the Scheduling Letter. The general feeling already expressed during the OFCCP comment period is that the OFCCP HAS SIGNIFICANTLY UNDERESTIMATED THE BURDEN THAT THE REQUESTED CHANGES WILL PLACE ON CONTRACTORS.

Despite the majority opinion of those who commented, the OFCCP made only three minor modifications (outlined below) to the original notice of change. The request for approval submitted by the OFCCP to the OMB summarizes the public comments received and states: “OFCCP seriously considered the comments we received and the calculation of burden that our proposed changes would create for contractors. After doing so, we determined that the benefits associated with receiving improved data from contractors and the net reduction of 1.34 hours in total burden hours spent by contractors in supplying OFCCP with that data are the best, most innovative and least burdensome tasks for achieving regulatory ends.” Note: The burden hours per contractor for the current scheduling letter is 28.35, the initial request for change estimated the burden hours to be reduced to 26.01, the recent modifications have increased the estimated burden hours per contractor to 27.01.

MODIFICATIONS MADE

The modifications to the request do not reflect the serious consideration of these comments asserted by the OFCCP. Three minor modifications, none responsive to the comments related to major changes imposing the largest burden, were made to the proposed changes to the Itemized Listing:

1. Item 8: Contractor Employment Leave Policies:

a. providing the option to submit employee handbook / manual or only relevant pages (i.e. TOC and pages with leave policies); and

b. clarifying the scope of leave policies requested: “Submission of employment leave policies including, but not limited to, sick leave, medical leave, personal leave, leave for pregnancy, leave for pregnancy related conditions, leave for religious holidays and observances, Family Medical Leave and other leaves of absence; and policies on accommodations for religious holidays and observances.”

2. Item 11: Employment Activity (submission by Job Group AND Job Title, individual race / ethnic categories and ‘pool of candidates’): The only change to this item was an increase in burden from 1 to 2 hours.

3. Item 13: Supporting Documents: OFCCP is changing the proposed request that contractors submit their VETS-100 and/or 100A forms from the last three years to requesting that they submit such forms for two years (the current year and previous year).

Click here to review the Supporting Statement and assess the impact of this CRITICAL proposed regulation.

For affirmative action services offered by THOMAS HOUSTON associates, inc., call 1-800-330-9000 or click here to schedule a convenient time to receive a call from one of our Affirmative Action Consultants.

PREVIOUS COMMENTS SUBMITTED TO THE OFCCP

Included in our blog of July 19 is a sampling of the public comments submitted to the OFCCP as well as a link to view all comments posted. The public comments contain sound detailed arguments and overwhelmingly encourage the OFCCP to revise or reconsider completely the proposed changes.

*SUBMIT COMMENTS TO:

· OIRA_submission@omb.eop.gov; or

· 202-395-6881 (Fax); or

· 202-395-6929 (Phone); or

Office of Information and Regulatory Affairs, ATTENTION: OMB Desk Officer for the Department of Labor, OFFICE OF FEDERAL CONTRACT COMPLIANCE PROGRAMS, Office of Management and Budget, Room 10235, Washington, DC 20503

A Clear Message from the EEOC

2011-10-06T09:25:00.000-07:00

Employers are obligated to provide Reasonable Accommodation

From September 2 to September 22, 2011, the EEOC has filed 19 disability discrimination lawsuits involving both employees and applicants. A qualified employee or applicant with a disability is an individual who, with or without reasonable accommodation, can perform the essential functions of the job in question. The majority of these lawsuits include the denial of a reasonable accommodation.

The EEOC website defines reasonable accommodation as any change in the work environment (or in the way things are usually done) to help a person with a disability apply for a job, perform the duties of a job, or enjoy the benefits and privileges of employment. Reasonable accommodation may include specialized equipment, facility modifications, and adjustments to work schedules or job duties, as well as a whole range of other creative solutions.

An employer is required to make a reasonable accommodation to the known disability of a qualified applicant or employee if it would not impose an "undue hardship" on the operation of the employer's business. Undue hardship is defined as an action requiring significant difficulty or expense when considered in light of factors such as an employer's size, financial resources, and the nature and structure of its operation.

An employer is not required to lower quality or production standards to make an accommodation, nor is an employer obligated to provide personal use items such as glasses or hearing aids.

An abbreviated listing of disability discrimination lawsuits filed by the EEOC during September 2011:

Refusing a Leave of Absence request and then terminating an employee with a knee injury
Terminating an employee because of a perception of substantial limitation due to a disclosed medical condition
Terminating an employee suffering from traumatic brain injury because of disability and/or need for reasonable accommodation
Terminating an employee with diabetes instead of making a reasonable accommodation
Failing to provide reasonable accommodation to an applicant for drug testing and denying an applicant employment due to their disability
Demoting and forcing an employee to quit because of cerebral palsy
Refusing reasonable accommodation to an employee with cerebral palsy; refusing to hire an applicant taking prescribed medication for epilepsy due to drug test results
Demoting, harassing, retaliating against and firing a deaf employee
Refusing to promote an employee regarded as disabled
Laying off and refusing to rehire a disabled employee who requested a reasonable accommodation
Refusing an applicant reasonable accommodation during assessment and denying employment

For further information on reasonable accommodations or other affirmative action related needs, call 1-800-330-9000 or click here to schedule a convenient time for your call.

OFCCP COMMENT PERIOD CLOSING - COMMENTS DUE BY 10/11/11

2011-10-06T09:16:00.000-07:00

Advance Notice of Proposed Rule Making (ANPRM):

Non-Discrimination in Compensation; Compensation Data Collection Tool

The opportunity for input on the advance notice of this important rule proposed by the OFCCP is NOW! On August 10th, the OFCCP posted an Advance Notice of Proposed Rulemaking for the development of a "Compensation Data Collection Tool" that is intended to foster the priority issue of the OFCCP to "eliminate compensation discrimination by Federal Contractors".

There have been 836 comments posted as of 10/4/2011. Seven of these comments were posted August 15 through August 31, and are somewhat non-supportive of the development of the tool. Beginning on September 23rd, there were 829 postings that appear to be overwhelmingly supportive. All comments support non-discrimination in compensation, while few seem to address the nature of data that would be most useful for analysis.

To review the docket on the proposed rule, review comments already submitted, and/or submit a comment click here.

Some questions to ask when considering your comments:

Is this another version of the EO Survey?

A copy of the EO Survey is included in the docket folder for this ANPRM as a piece of Supporting and Related Material. Additionally, the supplementary information portion of the ANPRM reviews the history of the EO Survey which was designed, in part, to be a tool "to predict non-compliance and to promote contractor self evaluation". Ultimately, "it was concluded that the EO Survey had little predictive value as a tool for indicating discrimination or non-compliance". OFCCP rescinded the EO Survey in 2006. The EO Survey had the objectives of improving resource allocation by the Federal government through a tiered review process and improving compliance with equal employment opportunity requirements through self-awareness and self-evaluation. The
"Compensation Data Collection Tool's" goals are more broad and far-reaching.

The stated purposes under consideration for the "Compensation Data Collection Tool" are:

Screeening Tool: "to provide insight into potential problems of pay discrimination by contractors that warrant further review or evaluation by OFCCP or contractor self-audit."
Research: "to conduct analysis at the establishment level, as well as identify and analyze industry trends Federal contractors' compensation practices and potential equal employment-related issues."
Compensation Only Reviews: "to develop indicators for identifying potential noncompliance by contractors and executing OFCCP's authority related to compensation discrimination." "The data collected through this tool may be used to identify contractors for compensation focused reviews as well as full compliance reviews."
New Contractors and Targeting Tool: "requiring businesses that are bidding on future contracts to submit compensation data as part of the Request for Proposal process ... [and] for post-award compliance reviews."

Is it possible to design a tool that will effectively evaluate all compensation practices for all Federal contractors in all industries for all types of positions?

The OFCCP ANPRM on the "Compensation Data Collection Tool" asks for detailed responses from contractors to 15 questions in order to assist in the design of the tool, for instance:

Question 1 asks what data should be collected to identify potential discrimination and offers a non-exhaustive list of data categories for consideration
Question 3 asks which elements of compensation should be collected and offers a list well beyond the traditional OFCCP analysis of base pay, but includes stock options, benefits packages, commissions, and bonus awards - extremely confidential data. Our human talent is our greatest resource, and these are some of the tools employers utilize to attract and retain that talent
Also included are questions to develop a method for understanding Federal Contractors company-wide compensation practices.

Is an additional data collection tool necessary? Who will have access to the database and the information contained therein? How will the confidentiality of the data be protected?

The current compliance methods employed by the OFCCP have resulted, as cited by Director Shiu at the National ILG Convention, in almost $25 million in back wages and interest paid to victims under the Obama administration. Perhaps continued diligent compliance enforcement coupled with greater outreach and education will continue to yield positive results for victims and increase the awareness of the necessity of compliance.

For information on proactive compensation evaluations or other Affirmative Action Plan processing services offered by THOMAS HOUSTON associates, inc., call 1-800-330-9000 or click here to schedule a convenient time to receive a call from one of our Affirmative Action Compliance Consultants.

OFCCP Hosts Compensation Data Collection Tool Listening Session - TODAY

2011-10-06T09:07:00.000-07:00

Today from 3:30 p.m. – 4:30 p.m. (Eastern Standard Time)
Dial 1-800-857-9452 and enter passcode 6646661

On August 10, 2011, OFCCP published an Advance Notice of Proposed Rulemaking (ANPRM) on a proposed new compensation data collection tool. Stated possible uses for the collected data include generating insight into potential problems of compensation discrimination by federal contractors and subcontractors that warrant further review or evaluation by OFCCP or a contractor self-audit.

This listening session is an opportunity to offer suggestions and recommendations related to the scope, content and format of the data collection tool.

Public comments on the ANPRM are accepted through October 11, 2011 and can be submitted on regulations.gov or by mail/courier to OFCCP.

To participate in this web chat session, please dial 1-800-857-9452 and enter passcode 6646661.

Fair Employment Opportunity Act of 2011 - Unlawful Employment Practices

2011-09-21T14:37:00.000-07:00

Title III, Subtitle D, of the American Jobs Act 2011 proposed by President Obama will prohibit discrimination in employment on the basis of an individual’s status as unemployed. This subtitle is cited as the “Fair Employment Opportunity Act of 2011”

Under this Act, it will be an unlawful employment practice for an employer to:

1. publish in print, on the Internet, or in any other medium an advertisement or announcement for an employee for any job that includes –

a. any provision stating or indicating that an individual’s status as unemployed disqualifies the individual for any employment opportunity; or,

b. any provision stating or indicating that an employer will not consider or hire an individual for any employment opportunity based on that individuals status as unemployed; or

2. fail or refuse to consider for employment, or fail to refuse to hire, an individual as an employee because of the individual’s status as unemployed;

3. direct or request that an employment agency take an individual’s status as unemployed into account to disqualify an applicant for consideration, screening, or referral for employment as an employee.

This act also includes retaliation and whistleblower protections.

THOMAS HOUSTON associates, inc. can answer your affirmative action questions – just call 1-800-330-9000 or click here to schedule a convenient time to receive a call from one of our Affirmative Action Professionals.

Affirmative Action for Veterans = Tax Credits

2011-09-20T15:26:00.000-07:00

Title II, Subtitle A, Section 201 of the American Jobs Act 2011 proposed by President Obama would increase the tax credits currently available to employers who hire covered veterans.

Under current law, the Work Opportunity Tax Credit (WOTC), IRS Form 5884 provides eligibility for a maximum tax credit of $4,800.00 to those employers that hire veterans who have been unemployed for at least six months and have a service-connected disability. This section of the American Jobs Act 2011 would increase that tax credit to $9,600.00. This section also creates two new credits for hiring veterans. This first is a credit of $2,400 for employers that hire veterans who have been unemployed for at least 4 weeks. The second is a credit of $5,600 for hiring veterans who have been unemployed for at least 6 months. Under this section these credits are also available to tax-exempt entities and public universities.

FORM I-9 Retention Quiz

2011-09-01T11:58:00.000-07:00

What is the FORM I-9 retention date for the following employees? (Answers below)

John Smith - Hired on May 15, 2008 and left the company on August 18, 2010.

Jane Jones - Hired on March 15, 2009 and left the company on August 18, 2010

Mary Stephens - Hired on November 6, 1986, currently employed, with continuous service.

FORM I-9 retention requirements are not always straight forward; application of the requirements can become confusing, especially when accounting for terminated employees. Here are some tips from the Self-Audit Guide included in the FORM I-9 toolkit from THOMAS HOUSTON associates, inc:

Generate report of employees hired since November 6, 1986. Include:

Date of hire
Last name, first name
Date of termination
Social Security Number or Date of Birth

Calculate retention dates by comparing date of hire, date of termination, and date of self-audit.

Write down date that is one calendar year prior to audit date; that becomes target termination date.
Subtract two years from target termination date to get the target hire date.

Forms can be discarded for persons hired before target hire date and whose employment ended before the target termination date.

The Self-Audit Guide is part of the FORM I-9 toolkit received with completion of our self-paced on-line FORM I-9 training program. For more information on the FORM I-9 Services offered by THOMAS HOUSTON associates, inc., call 1-800-330-9000 or click here to schedule a convenient time for our call.

Answers –

A. John Smith – August 18, 2011 (1 year from termination date is greater than 3 years from hire date)

B. Jane Jones – March 15, 2012 (3 years from hire date is greater than 1 year from termination date)

C. Mary Stephens – No FORM I-9 required. (The requirement to complete FORM I-9 applies to new employees hired after November 6, 1986.)

Question - I am a federal contractor. Will I have to post the notice?

2011-09-01T10:58:00.000-07:00

Answer - (from the NLRB fact sheet on the Final Rule for Notification of Employee Rights)

The Board’s notice posting rule will apply to federal contractors, who already are required by the Department of Labor to post a similar notice of employee rights. A contractor will be regarded as complying with the Board’s notice posting rule if it posts the Department of Labor’s notice.

For information on the compliance services offered by THOMAS HOUSTON associates, inc. please call 1-800-330-9000 or, to schedule a convenient time for a THOMAS HOUSTON associates inc. professional to call you, click here

If you would like to find out more about the compliance services THOMAS HOUSTON, associates, inc. has to offer, please visit our website at: www.THOMASHOUSTON.com

FDIC / NCUA – An Affirmative Action Tie

2011-08-31T12:04:00.000-07:00

Financial institutions with federal share and deposit insurance are considered to be government contractors and may be subject to requirements under one or more of the laws enforced by the OFCCP, including the development of an affirmative action program. Such financial institutions are considered to be government contractors within the meaning of the regulations implementing Executive Order 11246, as amended, the Vietnam Era Veterans' Readjustment Assistance Act of 1974 (VEVRAA), as amended, 38 U.S.C. 4212 and Section 503 of the Rehabilitation Act of 1973 (Section 503), as amended.

The implementing regulations for Executive Order 11246 at 41 CFR 60-1.3 have consistently defined a government contract as any agreement or agreement modification between any contracting agency and any person for the purchase, sale or use of personal property or nonpersonal services. The term "nonpersonal services" includes, but is not limited to, the following services: utilities, construction, transportation, research, insurance, and fund depository. This definition thus explicitly includes agreements for insurance.

If you would like to discuss your company’s affirmative action requirements, please call, 1-800-330-9000 or click here to schedule a convenient time for a THOMAS HOUSTON professional to call you.
If you would like to find out more about the services THOMAS HOUSTON, associates, inc. has to offer, please visit our website at: www.THOMASHOUSTON.com
For more information on OFCCP jurisdiction, click here

The Fine Line of Form I-9

2011-08-24T13:13:00.000-07:00

The wrong process can be discriminatory (and expensive).

From an August 2011 Justice Department news release - The Justice Department reached a settlement with Farmland Foods Inc, resolving allegations of discrimination in the I-9 process. Farmland has agreed to pay $290,400 in civil penalties, the highest civil penalty paid through settlement since enactment of the Immigration and Nationality Act’s anti-discrimination provision in 1986.

The lawsuit was based on an investigation revealing that Farmland required all newly hired non-U.S. citizens and some foreign-born U.S. citizens to present specific and, in many cases, extra work-authorization documents beyond those required by federal law. In the case of non-U.S. citizens, Farmland required the presentation of a specific work-authorization rather than allowing the employee to choose which document(s) to present from the list of acceptable documents on the Employment Eligibility Verification Form I-9.

Farmland also required additional work authorization documents, generally by requiring social security cards, even when employees had already produced other documents establishing work authority. In the case of foreign-born naturalized U.S. citizens, Farmland sometimes required evidence of citizenship, such as certificates of naturalization or U.S. passports, even when those individuals had other means of proving their work authority. Farmland’s demand for specific or excessive documents to establish work authority violated the anti-discrimination provision of the Immigration and Nationality Act (INA).

In addition to ending its impermissible document requests and modifying its employment eligibility verification process, and civil penalties, Farmland also agreed to monitoring and reporting provisions, as well as training for their human resources personnel.

For more information on the I-9 Services offered by THOMAS HOUSTON associates, inc., call 1-800-330-9000 or click here to schedule a convenient time for our call.

For more information on the compliance services offered by THOMAS HOUSTON associates, inc, please visit our corporate website: http://www.THOMASHOUSTON.com/

To read the release from the Justice Department, click here.

President Obama’s Commitment to Employing America’s Veterans

2011-08-18T06:57:00.000-07:00

On August 5^th, President Obama visited the Washington Navy Yard and discussed his plans to “ensure that all of America’s veterans have the support they need and deserve when they leave the military, look for a job and enter the civilian workforce”.

The plans include tax credits for firms that hire unemployed veterans and a challenge to the private sector to hire or train unemployed veterans. Also included are initiatives by the Department of Defense and the Department of Labor to facilitate the transition to the civilian workforce. The announcement also included significant commitments from a range of private sector partners including Siemens, Microsoft, US Chamber of Commerce, Lockheed Martin, Wal-Mart and AT&T.

This commitment by the President reinforces the Affirmative Action regulation revisions proposed by the OFCCP which would require more substantive analyses and the use of numerical targets for veterans. If you would like to discuss how THOMAS HOUSTON associates, inc. can assist in complying with veteran affirmative action requirements, click here.

For a more detailed account the President’s commitment visit http://www.whitehouse.gov/the-press-office/2011/08/05/fact-sheet-president-obama-s-commitment-employing-america-s-veterans

For more information on the affirmative action compliance services offered by THOMAS HOUSTON associates, inc., please visit our corporate website: www.THOMASHOUSTON.com

43 DAYS AND COUNTING – HAVE YOU RECEIVED YOUR EEO-1 FILING MATERIALS?

2011-08-17T08:48:00.000-07:00

All companies should have received the Employer Information Report (EEO-1) filing materials. The EEO-1 Report, is required to be filed with the U.S. Equal Employment Opportunity Commission's EEO-1 Joint Reporting Committee by September 30, 2011.

The preferred method for completing the EEO-1 reports is a web-based filing system. THOMAS HOUSTON associates, inc. can prepare the report using your company’s data and submit your company’s EEO-1 report using the preferred on-line filing method. If you would like to discuss the EEO-1 reporting services offered by THOMAS HOUSTON associates, inc. click here to schedule an appointment

For more information about the affirmative action compliance services offered by THOMAS HOUSTON associates, inc., please visit our corporate website: www.THOMASHOUSTON.com

Add Us In Initiative- Grant Applicant Conference Call

2011-08-16T11:43:00.000-07:00

On Thursday, August 18, 2011 from 2 p.m. to 3 p.m. EST, the Office of Disability Employment Policy (ODEP) will host a prospective applicant conference call to address questions about the Add Us In Solicitation for Grant Applications (SGA) for Cooperative Agreements. Applications will be accepted until Sept. 2.

Add Us In is a new initiative sponsored by the ODEP designed to identify and develop strategies to increase employment opportunities within the small business community for individuals with disabilities. Included within the small business community are targeted businesses that are owned and operated by minorities; lesbian, gay, bisexual and transgender individuals; women, veterans and people with disabilities.

Secretary of Labor Hilda L. Solis recently announced the availability of approximately $1.6 million in funding for the Add Us In initiative, which will fund up to three cooperative agreements with allotments ranging from $500,000 to $550,000 each.

For more information about the grant application conference call, Click Here

For more information about the services offered by THOMAS HOUSTON associates, inc., please visit:

www.THOMASHOUSTON.com

Compensation Data Collection Tool

2011-08-10T08:41:00.000-07:00

That, which we call an OFCCP screening tool, by any other name, is still an OFCCP screening tool.

The supplemental information included with the Advance Notice of Proposed Rulemaking (ANPRM) for the Compensation Data Collection Tool reviews the history of the EO Survey which was designed, in part, to be a tool to predict non-compliance and to promote contractor self evaluation. Ultimately, “it was concluded that the EO Survey had little predictive value as a tool for indicating discrimination or non-compliance”.OFCCP rescinded the EO Survey in 2006.

Now comes the Compensation Data Collection Tool the stated purpose for which is “to provide insight into potential problems of pay discrimination by contractors that warrant further review or evaluation by OFCCP or contractor self-audit. Accordingly, it is envisioned primarily as a screening tool."

The ANPRM request for comments, closing on 10/11/2011, presents 15 questions for response by contractors which give some insight to the intended direction of the screening tool. Some examples:

“OFCCP is exploring the possibility of using the data collected through the tool to identify opportunities for nationwide multi-establishment compensation reviews”

“The data collected through the tool may be used to identify contractors in specific industries for industry-focused compensation reviews. What specific categories of data would be most useful for identifying contractors in specific industries for industry focused compensation reviews?”

Click here for the complete ANPRM - Compensation Data Collection Tool

Additionally, the OFCCP will conduct web-based and Town Hall listening sessions to provide an opportunity to offer suggestions and recommendations related to the scope, content and format of the data collection tool in the months ahead. THOMAS HOUSTON associates, inc. will monitor and communicate the announcements of these listening sessions.

For more information on the services offered by THOMAS HOUSTON associates, inc., please visit our corporate website: www.THOMASHOUSTON.COM

Employers! The Rules Are Changing!

2011-08-04T06:30:00.000-07:00

“Game Changer”, the term emerging more frequently to describe proposed rules affecting employers, is being passionately applied to recent proposals from the National Labor Relations Board (NLRB) and Office of Labor Management Standards (OLMS). These proposals, affecting the employer’s rights and obligations with regard to collective bargaining are, among other things, expected to:

Minimize response time to a union campaign filing
Mandate disclosure of employee confidential information
Limit employer ability to freely communicate with employees
Require reporting on legal counsel advice and other internal communications

In a recent article from Fisher & Phillips, LLP, NRLB Board member Brian Hays was quoted as saying “Make no mistake, the principal purpose for this radical manipulation of our election process is to minimize, or rather, to effectively eviscerate an employer's legitimate opportunity to express its views about collective bargaining."

Following are more opinions and editorials including an “Action Alert” from SHRM with a suggested comment for submission. The comment periods for the NLRB and DOL proposed rulings close on August 22.

Chicago Daily Herald - Attack on Employers Rights

Fisher and Phillips LLP - NLRB Actions

Fisher and Phillips LLP - DOL Actions

SHRM Action Alert with Suggested Comment for Submission

CLICK HERE TO SUBMIT COMMENT ON THE NLRB PROPSED RULE

CLICK HERE TO SUBMIT COMMENT ON THE OLMS PROPOSED RULE

Click Here to learn more about THOMAS HOUSTON associates, inc.

2011 VETS-100/VETS-100A Registration & Filing Delay

2011-08-01T05:08:00.000-07:00

Click here for the full announcement.

Due to technical issues, electronic registration and submission of 2011 VETS-100 and VETS-100A reports have been delayed and will not be available until October 1, 2011.

To address the delays in reporting caused by these technical problems, the Department will not initiate enforcement actions against contractors who submit the VETS-100/VETS-100A from October 1, 2011 through November 30, 2011.

CLICK HERE TO SCHEDULE AN APPOINTMENT TO DISCUSS OUR VETS-100/100A FILING SERVICES

ILG Keynote Highlights

2011-07-28T09:31:00.000-07:00

Following are highlights from Director Patricia Shiu’s keynote speech delivered yesterday, July 27, at the Industry Liaison Group (ILG) 2011 National Convention

With regard to Enforcement and Agenda:

· The OFCCP staff has increased by 35% in the past two years.

· There is a concerted effort to shift toward more thorough and careful compliance reviews.

· More focused reviews are being conducted with respect to people with disabilities, protected veterans and pay discrimination.

· OFCCP is conducting outreach efforts to make sure that employees know that the OFCCP has their backs, and will be their advocate.

· In the first half of 2011, OFCCP has hosted nearly 1,000 outreach events directed to community-based groups, veterans’ service organizations, labor unions, employer associations, civil rights leaders, small business owners, first time contractors and directly to workers.

· Regulations are being revised – “we are going to put some teeth in them and strengthen affirmative action requirements for contractors”.

· Under the Obama administration, almost $25 million in back wages and interest for more than 42,000 victims of discrimination has been negotiated.

With regard to upcoming changes to Regulations and Guidance:

Veterans

· OFCCP is in the process of reviewing the public comments on proposed updates to Section 4212 of the Vietnam Era Veterans’ Readjustment Assistance Act of 1974.

· The proposed revisions would require that federal contractors and subcontractors conduct more substantive analyses and would require the use of numerical targets.

People with Disabilities

· In the coming weeks, a series of proposed revisions to Section 503 of the Rehabilitation Act of 1973 will be published for public comment.

· The proposed revisions will be a “game-changer”.

Equal Pay

· Eliminating discrimination in compensation is a critical priority for this administration and for OFCCP.

· A new guidance on compensation discrimination will be issued

Sex Discrimination

· A new item has been added to the regulatory agenda on sex discrimination.

Click here to learn more about the Affirmative Action compliance services offered by THOMAS HOUSTON associates, inc.

ICE Audits Total Nearly $7 Million in Fines

2011-07-21T08:20:00.000-07:00

Nationally, from fiscal year 2009 to date, ICE has initiated Form I-9 inspections against nearly 4,000 businesses resulting in fines of nearly $7 million.

The most recent ICE News Release anounces that 14 New England employers have been fined this fiscal year for various violations that enabled companies to hire illegal aliens. The inspection of the employers' documents are part of ICE's worksite enforcement strategy, launched in 2009 to reduce the demand for illegal employment and protect employment opportunities for the nation's lawful workforce, by focusing its resources on the auditing and investigation of employers suspected of cultivating illegal workplaces by hiring workers who are later determined to be employed illegally.

Fines in the New England region include:

Jasper Wyman & Son, a company in Milbridge, Maine, accounted for $118,000 of the fine settlements;
Commercial Cleaning Service of Allston, Mass., was ordered to pay a $100,000 fine; and
D'Agostino Associates, Inc., Newton, Mass., was fined $22,792.

"These settlements serve as a reminder to employers that ICE will continue to hold them accountable for hiring and maintaining a legal and compliant workforce," said Bruce M. Foucart, special agent in charge of ICE HSI in Boston. "We encourage companies to take the employment verification process seriously."

Click here for information on the I-9 Compliance Services offered by THOMAS HOUSTON associates, inc.

Multi-Agency Misclassification Initiative is Part of the DOL 2012 Budget Request

2011-07-20T12:00:00.000-07:00

The 2012 Department of Labor budget includes a new multi-agency Misclassification Initiative that will strengthen and coordinate Federal and State efforts to enforce labor violations that result from the misclassification of employees as “independent contractors” and to deter such violations in the future.

In FY 2012, the Department of Labor will redouble its efforts to combat worker misclassification by investing $46 million for a multi-agency initiative of OFFCP, the Wage and Hour Division, OSHA, the Office of the Solicitor, and the Employment and Training Administration, which will fund state grants that address worker misclassification within the context of the unemployment insurance program. This initiative will help level the playing field for employers who abide by the law and provide employees with their rightful pay and benefits

For WHD, the request of $15,223,000 and 107 FTE will support field investigator training activities and an additional 3,250 investigations. These investigations will be directed to industries that have higher rates of violations, such as construction, child care, home health care, grocery stores, janitorial, business services, poultry and meat processing, and landscaping.

Classification of Independent Contractors is far from “cut and dry”. The Supreme Court has said that there is no definition that solves all problems relating to the employer-employee relationship under the Fair Labor Standards Act (FLSA). The Court has also said that determination of the relation cannot be based on isolated factors or upon a single characteristic, but depends upon the circumstances of the whole activity. The goal of the analysis is to determine the underlying economic reality of the situation and whether the individual is economically dependent on the supposed employer. In general, an employee, as distinguished from an independent contractor who is engaged in a business of his own, is one who "follows the usual path of an employee" and is dependent on the business that he serves.

Further guidance on making Independent Contractor determinations may be found at the following websites:

Department of Labor - eLaws - Independent Contractor

IRS - Independent Contractor (Self-Employed) or Employee?

For more information on the services provided by THOMAS HOUSTON associates, please visit our corporate website.

Will public comment on proposed changes to Scheduling Letter & Itemized listing give OFCCP food for thought?

2011-07-19T15:05:00.000-07:00

Only four supportive submissions are included Public Submission Documents of the Docket Folder Summary for the proposed changes to the Scheduling letter and itemized listing.

The public comments contain sound detailed arguments and overwhelmingly encourage OFCCP to revise or reconsider completely the proposed changes. Concluding statements, from a wide range of interested parties include:

“It is impossible to accept OFCCP’s assertion that the requirements are “less burdensome than those currently in effect”

“… the new compliance responsibilities proposed for federal contractors and subcontractors will significantly undermine rather than further the objective of Executive Order 13563 to promote “economic growth, innovation, competitiveness and job creation”

“… OFCCP has significantly underestimated the burdens the new requirements will place on contractors, and overestimated the benefits to be derived by the agency.”

“ …the proposed changes and additions to the Scheduling letter and itemized listing represent an opaque effort to dramatically change policy and place significant burden on contractors”

“ … urges the OFCCP to abandon or significantly modify its proposal”

“ OFCCP has proposed changes that would be intensively burdensome for federal contractors and subcontractors and that would provide a level of data unnecessary to the fulfillment of the OFCCP’s mission”

“OFCCP is seeking more than an extension of OMB’s approval of the information previously requested in the Itemized Listing of its compliance evaluation scheduling letter. Instead, OFCCP is seeking to materially change the Itemized Listings of its scheduling letter by: (1) adding to the list of information requested and (2) significantly revising how information previously requested is to be submitted.”

The current Scheduling Letter and Itemized Listing expires September 30, 2011.

July Newsletter

2011-07-19T08:54:00.000-07:00

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OFCCP is Planning Regulatory Changes

2011-07-12T12:45:00.000-07:00

Included in DOL's Spring 2011 Semi-Annual Regulatory Agency Rule List are items specific to the OFCCP. OFCCP Regulations in the Pre-Rule and Proposed Rule stages include a new tool for collecting compensation data, revising guidelines on sex discrimination, and improving employment opportunities for veterans, people with disabilities and women and minorities in the construction trades. Links to each item are below.

DOL/OFCCP Prerule Stage Non Discrimination in Compensation: Compensation Data Collection Tool 1250-AA03

DOL/OFCCP Proposed Rule Stage Affirmative Action and Nondiscrimination Obligations of Contractors and Subcontractors; Evaluation of Recruitment and Placement Results Under the VEVRAA of 1974, As Amended 1250-AA00

DOL/OFCCP Proposed Rule Stage Construction Contractor Affirmative Action Requirements 1250-AA01

DOL/OFCCP Proposed Rule Stage Affirmative Action and Nondiscrimination Obligations of Contractors and Subcontractors: Evaluation of Recruitment and Placement Results Under Section 503 1250-AA02

DOL/OFCCP Proposed Rule Stage Sex Discrimination Guidelines 1250-AA05

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2011-01-18T18:19:00.000-08:00