EEOC Seeks to Improve Federal Sector EEO Complaint Process

The U.S. Equal Employment Opportunity Commission (EEOC) has issued an advance notice of proposed rulemaking (ANPRM) on the equal employment opportunity (EEO) complaint process in the federal sector, the agency announced today. The ANPRM, which has been coordinated with other federal agencies, is published in the Federal Register.

The ANPRM signals the first public comprehensive review of the federal sector EEO complaint process undertaken by the EEOC in several decades. The ANPRM contains a series of questions intended to encourage new thinking about the federal sector process.

The EEOC became responsible for the federal sector EEO complaint process in 1979 when it inherited a complaint process from the Civil Service Commission. Through rulemaking over the past decades, the EEOC has enhanced the process it inherited. The EEOC is interested in hearing from the public whether the current process can be improved, and if so, whether far-reaching reforms are necessary or whether the process requires only a modest fine-tuning.

EEOC Chair Jenny Yang said, "I am encouraged by the prospect of reform to the federal sector complaint process, and I am pleased that Commissioner Feldblum has agreed to take the lead in this effort." The last significant change to the federal sector EEO complaint process occurred in 1999. "For years, many people have discussed the possibility of reform," said Commissioner Chai Feldblum. "The Commission is vitally interested in how to make the complaint process work better. I and my colleagues look forward to hearing from interested stakeholders and the public on this issue and working to create a more efficient and effective process that will benefit both federal employers and employees."

Source: EEOC

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

EEOC Issues New Guide to Help Federal Agencies Advise Workers on Their Rights

Report Suggests Different Ways Agencies Can Provide EEO Information to Their Employees and Applicants

The U.S. Equal Employment Opportunity Commission (EEOC) today released a new guide to help the federal government educate its employees on how to protect their rights to be free from employment discrimination.

The report, A Practical Guide to Providing Employees with Adequate Information about Their Rights under Federal Equal Employment Opportunity (EEO) Laws and Regulations, provides federal agencies various communication methods to ensure their employees and applicants for employment are fully aware of their rights under the equal employment opportunity laws and regulations.

As one of the many efforts to preserve access to the legal system under the EEOC's Strategic Enforcement Plan / Federal Sector Complement Plan, the EEOC reached out to federal agencies, compiled their communication methods and has now issued this guide to share those methods with all federal agencies. The EEOC encourages agencies to utilize multiple communication methods, including electronic methods whenever possible.

The EEOC is charged with monitoring federal agency compliance with equal employment opportunity laws and procedures. It reviews and assesses the effect of agencies' compliance with requirements to maintain affirmative employment programs to promote equal employment opportunity, and to identify and eliminate barriers to equality of employment opportunity.

Source: EEOC

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

EEOC to Hold ‘Twitter Town Hall’ On Federal Sector

Live Tweet Chat on Wednesday at 1:00 (ET) with Office of Federal Operations

The U.S. Equal Employment Opportunity Commission (EEOC) will hold a live "Tweet Chat" on Wednesday, May 15, from 1:00 to 1:30 pm (EDT). The interactive online forum, conducted by the EEOC's Office of Federal Operations, will focus on the federal sector equal employment opportunity (EEO) process and related issues.

Members of the public are encouraged to participate and provide questions in advance using the hashtag #EEOfedtalk. Members of the news media should direct any inquiries to the EEOC's Office of Communications and Legislative Affairs via email: newsroom@eeoc.gov or by phone at 202-663-4191 or TTY 202-663-4494.

"We hope this Twitter Town Hall results in enhancing citizen and stakeholder engagement, as well as providing useful information about the federal sector process," said Carlton Hadden, the EEOC's director of federal operations. "This is part of the EEOC's broader efforts to inform and educate the public through an open dialogue via new media platforms."

The EEOC will conduct the chat using the Twitter handle @EEOC_OFO. General EEOC news and information updates are available on Twitter via @EEOCNews and @EEOCenespanol. The public may also access EEOC's YouTube channel at http://www.youtube.com/user/TheEEOC/.

Further information on EEO law and the federal sector process is available online at http://www.eeoc.gov/federal/.

Source: EEOC

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

American Association for Affirmative Action 2013 Conference

This year’s event will be held Tuesday, May 07, 2013 – Friday, May 10, 2013 in San Antonio, Texas.

John Quiñones and Patricia Shiu to lead cast of speakers at the 39th Annual American Association for Affirmative Action Conference.
 
This event is designed for professionals who are responsible for diversity and EEO/AA administration within organizations of all sizes. Equal opportunity directors, affirmative action officers, human resource professionals, diversity consultants and managers, industrial relations specialists, labor relations advisors, career planning specialists, prospective managers, labor and employment lawyers and other professionals will benefit from attending this conference.

Register for the conference at: aaaaconference.org
 
Source: AAAA

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

OFCCP New Census EEO Tab WebEx Session

The new EEO tabulation will replace the Census 2000 Special EEO File that federal contractors currently use to determine the availability of qualified minorities and women for job openings, and to develop written affirmative action programs (AAPs), as required by Executive Order (EO) 11246.

OFCCP is now in the process of determining when contractors must begin using the new EEO tabulation in the development of their AAPs. As part of this process, we invite your organization to participate in a conference call to share with us your thoughts and concerns regarding the timing of the deployment of the new EEO tabulation. This telephonic listening session will take place on Wednesday, February 6, 2013, at 1:30 pm, Eastern Standard Time (EST).

The session will be held on February 6, 2013 at 1:30 PM EST. To register please go to: https://doltraining.webex.com/doltraining/onstage/g.php?d=662266172&t=a&EA=jordan.lisa%40dol.gov&ET=668f404167424f4e838215dc23c96075&ETR=1842e96ea6920bdd4760a7de589fb7e8&RT=MiMxMQ==&p.

Source: Department of Labor

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

Candidates with disabilities await employers

Source: U.S. Department of Labor

 

The U.S. Department of Labor's Office of Disability Employment Policy, in collaboration with the U.S. Department of Defense's Office of Diversity Management and Equal Opportunity, today launched the 2013 Workforce Recruitment Program database, a recruitment resource for employers seeking a diverse workforce that includes employees with disabilities.

The database contains profiles of postsecondary students and recent graduates with disabilities, including veterans, representing a wide variety of academic backgrounds and degree levels. Candidates who are seeking summer employment as well as recent graduates looking for regular full-time positions have been interviewed and pre-screened by federal recruiters.

Click here for more.

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

Affirmative Action or Equal Employment Opportunity?

Which of the following statements apply to Affirmative Action (AA) and which apply to Equal Employment Opportunity (EEO)? (Answers Below)

1. Includes non-discrimination laws that cover most employers with at least 15 employees, most labor union and employment agencies.
2. Includes policies, and procedures, going beyond compliance with non-discrimination laws, that include (1) thorough, systematic efforts to prevent discrimination from occurring or to detect it and eliminate it as promptly as possible, and (2) recruitment and outreach measures.
3. Required for nonconstruction contractors with 50 or more employees and (i) a Federal contract of $50,000 or more or (ii) Government bills of lading which in any 12 month period, total or can reasonably be expected to total $50,000 or more or (iii) serves as a depository of Government funds in any amount or (iv) is a financial institution which is an issuing and paying agent for US savings bonds and savings notes in any amount.
4. Related protections are guaranteed by Federal and state fair employment laws.
5. The Office of Federal Contract Compliance Programs enforces the contractual promises of those who do business with the Federal government.
6. Violations may result in cancellation, termination or suspension of contracts in whole or in part and debarment from further contracts for an indefinite or fixed term.
7. The central premise is that, absent discrimination, over time a workforce, generally, will reflect the gender, racial and ethnic profile of the labor pools from which recruitment and selection occurs.
8. Includes a Private Sector Enforcement program that resolves charges of discrimination.

Generally speaking, EEO means freedom from discrimination on the basis of sex, color, religion, national origin, disability and age. EEO rights are guaranteed by Federal and state fair employment laws and are enforced by the Equal Employment Opportunity Commission (EEOC) and its state counterparts.

Affirmative action, established through a written plan (AAP), policies and procedures, is an employer's standard for proactively recruiting, hiring and promoting women, minorities, disabled individuals and veterans. Affirmative action is intended to amend historical wrongs and eliminate the present effects of past discrimination. AAPs include numerical measures with the intent of increasing the representation of minorities. Federal contractors above certain dollar limits are required to institute AAPs under Executive Order 11246 and its regulations. The Office of Federal Contract Compliance Programs is charged with enforcing contractor affirmative action mandates.*

For information on the affirmative action preparation services offered by THOMAS HOUSTON associates, inc., call (800) 330-9000 or click here to schedule a convenient time to receive a call from a member of our Sales Team.

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

Answers

EEO related statements: Numbers 1, 4, and 8

AA related statements: Numbers 2, 3, 5, 6, and 7

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

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

ILG Keynote Highlights

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.

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

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?

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.

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OFCCP is Planning Regulatory Changes

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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