OFCCP Director Craig Leen announces 500 scheduling letters to be sent for VEVRAA Focused Reviews on Veteran’s Day 2019!

August 7, 2019

The OFCCP and VETS hosted a town hall session in Washington, D.C.  This event was held to expand the Department’s outreach to the veteran community and was attended by over 70 federal contractors, veteran service organizations, employer associations, and consultants.  The agencies discussed how they could work together to assist federal contractors recruit, retain, and promote veterans and military spouses and also committed to work together on the technical assistance guide to assist in these areas and for employers to better understand their responsibilities under VEVRAA and USERRA.  During this event, OFCCP Director Craig Leen shared that 500 scheduling letters would be going out on Veteran’s Day for VEVRAA Focused Reviews.  He also mentioned that the OFCCP will put an emphasis on the under-employment or non-employment of veterans with disabilities, as well as military spouses.

At the National Industry Liaison Group conference held in Milwaukee, Wisconsin on July 31, 2019,  Leen had announced the agency was developing plans for VEVRAA Focused Reviews and voiced the OFCCP’s commitment to veterans.

OFCCP Introduces Compliance Assistance Guides

The OFCCP recently announced the released a number of new technical assistance guides (TAGs). These new TAGs are in addition to the previously released "What Contractors can Expect" guidance. These guides address Record Keeping, Applicant Tracking, Posting and Notices, EO 11246 Recordkeeping, Section 503, and VEVRAA.  There are Technical Assistance Guides for Supply and Service and Construction.

Visit the OFFCP's website for more information on these Compliance Assistance Guides.

National Industry Liaison Conference in Milwaukee WI

THOMAS HOUSTON is attending the National Industry Liaison Conference in Milwaukee WI. Craig Leen is currently speaking on the OFCCP’s goals. They will be highly focused on working on the 500 Section 503 focused reviews that were announced, as the focus in Individuals with Disabilities (IWD) is first and foremost. He announced that the OFCCP intends to begin more VEVRAA and promotion focused reviews. Promotions being a new focus! Mr. Leen believes a lot of the compensation focused reviews were a result of promotion issues. Stay tuned, more to come!

Banks and Credit Unions and VEVRAA/Section 503 Requirements

How banks and credit unions are covered by VEVRAA and Section 503 whereas their definition of a federal contract is different from that of the federal contractors who provide services to particular departments of the government i.e. Dept of Defense, IRS, Dept of Justice, Dept of Army, etc.

1. A bank is covered under VEVRAA if it has a single contract that meets the $100,000 threshold amount for coverage. Federal contracts held by banks and other financial institutions include, but are not limited to, agreements to serve as fund depository and agreements for federal share and deposit insurance.
2. Under Section 503, a Government contractor with 50 or more employees and a Government contract of $50,000 or more must develop a Section 503 affirmative action program. 41 CFR 60-741.40(a). The Section 503 regulations define a Government contract as "any agreement or modification thereof between any contracting agency and any person for the purchase, sale or use of personal property or nonpersonal services." 41 CFR 60-741.2(i). The term "nonpersonal services" as used in this section includes fund depository. 41 CFR 60-741.2(i)(4). Thus, the agreement to serve as a Federal funds depository is a "Government contract."
3. Under Section 503, however, all government contracts must meet the dollar threshold amount of $50,000 for coverage. Therefore, if you serve as a depository for Federal funds of $50,000 or more, or have an agreement valued at $50,000 or more to be an issuing and paying agent for savings bonds and notes, you would be obligated to develop and maintain a Section 503 affirmative action program.
4. Financial institutions with federal share and deposit insurance 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. These three programs enforced by the Office of Federal Contract Compliance Programs (OFCCP) require equal employment opportunity by government contractors.
5. 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.
6. The implementing regulations for VEVRAA and Section 503, found at 41 CFR 60-250.2, 60-300.2 and 60-741.2, respectively, also define 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. Like the Executive Order regulations, these regulations also state that the term "nonpersonal services" includes, but is not limited to the following services: utilities, construction, transportation, research, insurance, and fund depository. Therefore, financial institutions with federal share and deposit insurance are considered to be government contractors.

Types of federal share and deposit insurance are:

• FDIC – Federal Deposit Insurance Corporation (provides deposit insurance guaranteeing the safety of a depositor’s accounts in member banks up to $250,000 for each deposit ownership category in each insured bank)
• NCUA – National Credit Union Association is the independent federal agency created by the United States Congress to regulate, charter, and supervise federal credit unions -  NCUA’s standard maximum share insurance amount at $250,000. All deposit insurance resources reflect this higher level of coverage)
• NCUSIF – National Credit Union Share Insurance Fund (is the federal fund created by the United States Congress in 1970; insurance amounts as above – NCUA)

State chartered credits unions are privately insured and do not fall under the federal deposit and share insurance requirements. 

OFCCP Creates an Inforgraphic to Explain its Jurisdictional Threshholds

The OFFCP recently developed and published a new “Jurisdictional Thresholds” infographic to help employers, employees, and other interested parties easily determine when Executive Order 11246, Section 503 of the Rehabilitation Act (Section 503), and the Vietnam Era Veterans' Readjustment Assistance Act regulations apply to organizations doing business with the federal government.

The infographic includes the recent increase to Section 503’s coverage threshold from $10,000 to $15,000. According to the OFCCP, the increase resulted from an inflationary adjustment statute that authorizes the Federal Acquisition Regulatory Council to review and adjust “acquisition-related” threshold amounts in statutes that apply to federal procurement.

The infographic is available for download on OFCCP’s Web site at http://www.dol.gov/ofccp/

OFCCP Posts a New Infographic to help Veterans determine their status under VEVRAA

Recently, the OFCCP published the new “Am I a Protected Veteran?” infographic, to assist veterans in identifying the “protected veteran” categories and help them to determine their eligibility for coverage under the Vietnam Era Veterans’ Readjustment Assistance Act of 1974 (VEVRAA) regulations.  The VEVRAA regulations require contractors to invite applicants and employees to voluntarily self-identify as a protected veteran during both the pre- and post-offer stages of employment.

For your convenience, this infographic  includes a list of the service periods that may be counted as active duty covered under VEVRAA, and  is available for download via your HResource site, in the Compliance Tools section - VEVRAA/Section 503 templates toolkit.

The OFCCP website:

http://www.dol.gov/ofccp/posters/Infographics/ProtectedVet_InfoGraphic_JRFQA508c.pdf

More time to comment on proposed rule to collect summary pay data from federal contractors

US Labor Department will extend Equal Pay Report comment period through Jan. 5, 2015

The U.S. Department of Labor has announced a 60-day extension of the comment period for its proposed rule requiring federal contractors and subcontractors to submit an annual Equal Pay Report on employee compensation to the Office of Federal Contract Compliance Programs. Under the terms of the proposal, this requirement would apply to companies that file EEO-1 reports, have more than 100 employees, and hold federal contracts or subcontracts worth $50,000 or more for at least 30 days. Through the Equal Pay Report, OFCCP would be able to collect summary employee pay and demographic data using existing government reporting frameworks.

President Obama signed a presidential memorandum on April 8 instructing the secretary of labor to propose a rule to collect summary compensation data from federal contractors and subcontractors. The department published a notice of proposed rulemaking in the Federal Register on Aug. 8, with a deadline to submit comments by Nov. 6. The comment period will be extended through Monday, Jan. 5, 2015. To read and comment on the proposed rule, please visit http://www.dol.gov/ofccp/EPR.

OFCCP enforces Executive Order 11246, Section 503 of the Rehabilitation Act of 1973 and the Vietnam Era Veterans' Readjustment Assistance Act of 1974. These three laws require contractors and subcontractors that do business with the federal government to follow the fair and reasonable standard that they not discriminate in employment on the basis of sex, race, color, religion, national origin, disability or status as a protected veteran. 

Source: OFCCP

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

Justice Department Files Lawsuit Alleging Violations of Federal Law and Executive Order by Federal Contractor

The Justice Department announced the filing of a lawsuit today against Entergy Corporation for violating Executive Order 11246, Section 503 of the Rehabilitation Act of 1973 and the Vietnam Era Veterans’ Readjustment Assistance Act of 1974. The lawsuit alleges that the defendant violated these laws and the executive order when it refused to comply with federal contractor requirements to submit proof of required affirmative action programs to the Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP). Because Entergy has refused to supply documentation and cooperate with auditing attempts, OFCCP has been unable to determine if Entergy is in compliance with its affirmative action obligations.

“Government contractors that choose to accept federal funds also agree to abide by laws and regulations aimed at preventing employment discrimination,” said Acting Assistant Attorney General Jocelyn Samuels for the Civil Rights Division. “When a government contractor, like Entergy, refuses to adhere to the obligations it accepted as a federal contractor, that refusal undermines the public trust that taxpayers expect in ensuring that public funding is used in a manner that complies with both federal law and agency regulations.”

 

“This issue has been litigated and re-litigated many times, and the courts have been clear: companies that profit from federal contracts must comply with our requests for proof that they are meeting their obligations,” said OFCCP Director Patricia A. Shiu. “Entergy already earns more than $1 billion in taxpayer-funded contracts to provide services to the government. We shouldn’t have to spend more of those dollars taking them to court because they refuse to abide by the law. So, I urge Entergy Chairman and CEO Leo Denault to respect our nation’s hard-won civil rights laws.”

 

Entergy, as a federal contractor, is prohibited from discriminating against employees and job applicants because of race, color, sex, religion, national origin, disability or protected veteran status. The company is also required to take affirmative action to employ qualified women, minorities, people with disabilities and protected veterans. To determine compliance with those affirmative action and non-discrimination requirements, government contractors, including Entergy, are required to develop and maintain written affirmative action programs, retain personnel and employment records, and provide OFCCP access to those documents during compliance reviews or investigations. The lawsuit seeks a permanent injunction requiring Entergy to comply with its obligations, including its obligation to produce documents requested by OFCCP within 30 days of the request.

 

The complaint, filed in the U.S. District Court for the Eastern District of Louisiana, alleges that since May 2012, Entergy has refused OFCCP’s repeated requests to turn over its written affirmative action programs and other records requested as part of the routine compliance review of 11 Entergy locations in Texas, Mississippi and Louisiana.

 

The Department of Labor referred this matter to the Department of Justice when Entergy refused to submit the documents requested by OFCCP even after receiving notices to show cause why enforcement proceedings should not be initiated.

 

Source: DOJ

 

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

New Section 503 and VEVRAA FAQs

As part of its on-going effort to provide guidance to the contractor community, OFCCP has posted additional Frequently Asked Questions (FAQs) responding to questions received from contractors. The FAQs address requirements of the revised regulations implementing the Vietnam Era Veterans’ Readjustment Assistance Act (VEVRAA) and Section 503 of the Rehabilitation Act (Section 503).  These new FAQs have been added to the many FAQs already published on the OFCCP Web site.    

The VEVRAA FAQs are available at http://www.dol.gov/ofccp/regs/compliance/vevraa.htm.

The Section 503 FAQs are available at http://www.dol.gov/ofccp/regs/compliance/section503.htm. 

Source: DOL

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

DOL settles second discrimination charge against Lincoln Electric Co.

Agreement includes job offers, $1M for 5,557 African American applicants

Lincoln Electric Co. has agreed to settle allegations of hiring discrimination on the basis of race following an investigation by the U.S. Department of Labor's Office of Federal Contract Compliance Programs. An investigation by OFCCP compliance officers found that the federal contractor violated Executive Order 11246 by using a hiring process that resulted in systemic discrimination against African American applicants. As a result, 5,557 qualified African Americans were rejected for entry-level factory and production positions at the company's Cleveland facility.

Under the terms of the conciliation agreement, Lincoln Electric will pay $1 million in back wages and interest to the 5,557 affected job seekers and will offer entry-level positions to 48 class members as positions become available. Additionally, the company will revise its selection policies and procedures, including making changes to its online application test, to ensure equal employment opportunity for all job applicants going forward.

"Vigilance is paramount in enforcing civil rights," said OFCCP Director Patricia A. Shiu. "When we find violations of the law, corrective measures must be taken and lasting reform implemented so that further discrimination is not perpetuated against more workers. We will remain vigilant as we work with Lincoln Electric to ensure that unfair barriers in the company's hiring process are fixed once and for all."

During a scheduled compliance review, OFCCP determined that Lincoln Electric's paper and online application systems created multiple barriers for African Americans to advance in the selection process. In addition, Lincoln Electric's applications and post-application tests were not properly supported by a validation study that satisfies the requirements of the Uniform Guidelines on Employee Selection Procedures.
 
Since 2005, Lincoln Electric has held more than $2 million in federal contracts to manufacture welding, cutting and joining products for the federal government. The company was cited for the same violation more than a decade ago when an OFCCP review found that the contractor had discriminated in hiring against minorities and women who applied for entry-level factory jobs. Those charges were settled by a 2003 conciliation agreement that provided $1 million in back pay and interest to the affected workers in that case.

Source: DOL

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

DOL settles charges of racial discrimination with NYC fed contractor Parsons Brinckerhoff

Agreement includes $188,043 for 247 job applicants

The U.S. Department of Labor's Office of Federal Contract Compliance Programs today announced that federal contractor Parsons Brinckerhoff agreed to settle allegations of hiring discrimination on the basis of race and ethnicity involving 247 job applicants who were rejected for assistant engineer positions at the company's New York City headquarters. The affected class comprises 152 Asian American, 51 Hispanic, 29 African American, 3 Native American and 12 mixed race applicants.

 

"Parsons Brinckerhoff has a long, rich history of managing federal projects that have a significant impact on the lives of those who live and work in the communities where they are located," said OFCCP Director Patricia A. Shiu. "That makes it especially important for this company to meet its legal obligations to provide workers with a fair shot at employment and live up to company President and CEO George J. Pierson's stated commitment to build a 'firm that values diversity in our workforce and welcomes new talent and experienced professionals with the same enthusiasm.'"

 

During a scheduled compliance review, OFCCP investigators determined that Parsons Brinckerhoff violated Executive Order 11246 between 2010 and 2012 by using a hiring process that resulted in systemic discrimination. The agency found that Parsons Brinckerhoff did not follow its own written hiring policies and failed to use a consistent selection process for screening, interviewing and selecting assistant engineers. As a result, zero minorities were hired as assistant engineers during the review period.

 

Parsons Brinckerhoff is a global consulting firm responsible for designing, building, operating and maintaining important landmarks, such as the African Burial Ground National Monument in Manhattan. During the past three years, the company has received more than $2.1 million in taxpayer-funded contracts from the U.S. Department of the Army, Federal Highway Administration, National Park Service, Smithsonian Institution and Public Buildings Service.

 

Under the terms of the conciliation agreement signed by both parties, the contractor will pay $188,043 in back wages and interest to the affected job seekers and will offer assistant engineer positions and retroactive seniority to at least four class members as positions become available. Additionally, the company will revise its selection policies and procedures to ensure equal employment opportunities for all future applicants.

 

In addition to Executive Order 11246, OFCCP enforces Section 503 of the Rehabilitation Act of 1973 and the Vietnam Era Veterans' Readjustment Assistance Act of 1974. These three laws require that those who do business with the federal government, both contractors and subcontractors, must follow the fair and reasonable standard that they not discriminate in employment on the basis of sex, race, color, religion, national origin, disability or status as a protected veteran. For more information, visit http://dol.gov/ofccp/.

 

Source: DOL

 

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

OFCCP Issues Directive 2014-01: TRICARE Subcontractor Enforcement Activities

Recent events have brought to OFCCP’s attention that there has been a difference in understanding between the Department of Labor and some entities affiliated with the TRICARE community as to who is a covered subcontractor under the laws we enforce. In light of that confusion, the agency has decided through the exercise of prosecutorial discretion to limit its enforcement activities of TRICARE subcontractors over the next five years.  

On May 7, 2014, OFCCP posted on its website Directive 2014-01: TRICARE Subcontractor Enforcement Activities, http://www.dol.gov/ofccp/regs/compliance/directives/dir2014_01.htm which establishes a five-year moratorium on enforcement of obligations related to affirmative action programs and recordkeeping under Executive Order (E.O.) 11246, as amended, Section 503 of the Rehabilitation Act of 1973 (Section 503), as amended, and the Vietnam Era Veterans’ Readjustment Assistance Act of 1974 (VEVRAA), as amended. However, the moratorium does not apply to the investigation of complaints of discrimination under 41 CFR 60-1.24; 41 CFR 60-300.61 and 41 CFR 60-741.61. The moratorium directive is effective immediately and applies to all health-care entities that participate in TRICARE as subcontractors under a prime contract between the Department of Defense (DoD) TRICARE Management Activity and one of the prime managed-care contractors.

During the moratorium period, OFCCP staff will engage in outreach and technical assistance to provide greater clarity to the TRICARE subcontractor community about their obligations to prohibit discrimination and take affirmative action to improve employment opportunities for qualified women, minorities, people with disabilities and protected groups of veterans. In addition, we will continue to work with other federal agencies to clarify the coverage of health care providers under the laws we enforce. 

Source: OFCCP

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

 

Disability and Veterans Community Resources Directory

OFCCP conducted extensive outreach during and after the Section 503 of the Rehabilitation Act (Section 503) and Vietnam Era Veterans’ Readjustment Act (VEVRAA) rulemaking. During this outreach many contractors asked for assistance with locating community and other resources for recruiting veterans and individuals with disabilities. To meet this stated need, OFCCP, working with other DOL and federal agencies, created a non-exhaustive directory of groups and organizations that are available to provide assistance with training, recruiting, and hiring veterans and individuals with disabilities.

This directory search provides two primary functions:

• The ability to search the by state, and the ability to download your search results; and
• The ability to import the information into any word processor, spreadsheet, or database software package.

Source: OFCCP

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

OFCCP UPDATES ITS DISABILITY AND VETERANS COMMUNITY RESOURCES DATABASE FOR CONTRACTORS

On April 4, 2014, the Office of Federal Contract Compliance Programs (OFCCP) added 24 new resources to its Disability and Veterans Commuity Resources Directory. This database was launced in March 2014 to help contractors find qualified workers with disabilities and veterans, and to assist contractors with establishing relationships with national organizations and local community groups that have access to these workers.

Contractors, as well as others, can visit OFCCP’s updated Disability and Veterans Community Resources Directory on the OFCCP Web site at http://www.dol-esa.gov/errd/resources.html. OFCCP will add more resources to this database in the coming weeks.

Source: OFCCP
 

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

Puerto Rico construction contractor settles sexual harassment and discrimination case with DOL

Constructora Santiago to pay $40,000 to three female victims

 
Constructora Santiago II Corp., a federal construction contractor in San Juan, Puerto Rico, will make a lump sum payment of $40,000 to three female carpenters who were sexually harassed, retaliated against and denied regular and overtime work hours comparable to those of their male counterparts. The settlement follows an investigation by the U.S. Department of Labor's Office of Federal Contract Compliance Programs.
 
"No person — male or female — should have to put up with the degrading and inappropriate treatment these women faced just to get a paycheck," said OFCCP Director Patricia A. Shiu. "There's no excuse for that kind of behavior, and it's particularly egregious when the discrimination takes place at work sites funded by taxpayers."
 
OFCCP investigators reviewed Constructora Santiago's employment practices and determined that the company violated Executive Order 11246 by discriminating against women in compensation and by permitting sexual harassment and retaliation against employees who complained about a hostile work environment.
 
Additionally, OFCCP found that Constructora Santiago did not provide adequate restroom facilities for female employees. At times, the contractor provided no restrooms for women, and female employees were forced to relieve themselves outdoors, even in the presence of male colleagues. When a restroom was available, it was not separate from the men's restroom and was not clean. Investigators also found that female workers were subjected to unwelcome, sexually charged comments, teasing, jokes and pressure to go out on dates. The conciliation agreement entered into by Constructora Santiago and OFCCP resolves these and numerous other legal violations at the company's construction work sites across Puerto Rico.
 
Under the terms of the conciliation agreement, the construction company will pay $40,000 to the three female carpenters, provide adequate toilet and changing facilities for them and develop anti-harassment policies. Constructora Santiago has also agreed to undertake extensive self-monitoring measures and training to ensure that its employment practices fully comply with Executive Order 11246, which prohibits federal contractors and subcontractors from discriminating in employment on the basis of race, color, religion, sex or national origin.
 
Constructora Santiago has built more than $900 million worth of highways and bridges in Puerto Rico, as well as commercial and industrial structures. In January 2012, when OFCCP's review began, the company held a federally assisted contract worth more than $10 million with the Puerto Rico Highway and Transportation Authority.
 
In addition to Executive Order 11246, OFCCP enforces Section 503 of the Rehabilitation Act of 1973 and the Vietnam Era Veterans' Readjustment Assistance Act of 1974. These three laws require those who do business with the federal government, both contractors and subcontractors, must follow the fair and reasonable standard that they not discriminate in employment on the basis of sex, race, color, religion, national origin, disability or status as a protected veteran. For more information, visit http://www.dol.gov/ofccp/.

Source: US DOL
 

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

New Vets-4212 form to replace Vets-100A

The Department of Labor’s Veterans’ Employment and Training Service (VETS) submitted a Notice of Proposed Rule Making (NPR) to the Federal Register “to propose revisions to the regulations implementing the reporting requirements under the Vietnam Era Veterans’ Readjustment Assistance Act of 1974, as amended, (“VEVRAA”).” The proposed rule is intended to simplify the reporting requirements that federal contractors have to meet. Here are the highlights of the proposed changes:

The proposed changes  include to eliminate the VETS-100 form; use the new VETS-4212 form (draft form is available here); the new VETS-4212 form would include the same veteran classification terms and; eliminate the requirement for employers to collect hiring information on each sub-category of protected veteran because some veterans qualify in more than one category.

The new regulation would eliminate double counting and eliminate the possible, inadvertent identification of disabled veterans, etc. By the time the regulations become effective, employers would only need to collect information for the aggregated number of “protected veterans”.

Source: VETS

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

Cargill agrees to pay more than $2.2M to settle charges of hiring discrimination

Company will pay back wages and interest to nearly 3,000 applicants rejected for jobs.

 

Cargill Meat Solutions, headquartered in Wichita, Kan., has agreed to settle charges of hiring discrimination based on race and sex with the U.S. Department of Labor's Office of Federal Contract Compliance Programs. Under the agreement, Cargill will pay $2,236,218 in back wages and interest to 2,959 applicants who were rejected for production jobs at facilities in Springdale, Ark.; Fort Morgan, Colo.; and Beardstown, Ill., between 2005 and 2009. The affected workers include: female applicants at Springdale and Fort Morgan, Caucasian and Hispanic applicants at Fort Morgan, and African American and Caucasian applicants at Beardstown.

"This settlement will benefit thousands of workers who were subjected to unfair discrimination," said U.S. Secretary of Labor Thomas E. Perez. "And it demonstrates the Department of Labor's commitment to ensuring that everybody has a fair and equal shot at competing for good jobs."

During a series of scheduled reviews, OFCCP compliance officers found evidence that Cargill's hiring processes and selection procedures at facilities in Arkansas, Colorado and Illinois violated Executive Order 11246 by discriminating on the bases of sex, race and/or ethnicity. The reviews also uncovered violations of the Executive Order's record-keeping requirements. The Department of Labor filed a lawsuit regarding violations at the Springdale facility in November 2011 and this settlement resolves the issues in that complaint as well as the two other reviews.

"Discrimination should never be used to justify favoring one group of workers over others," said OFCCP Director Patricia A. Shiu. "I am pleased that Cargill has agreed to put a proactive strategy in place to address this issue through new hiring procedures and in-depth training on combating stereotypes."

In addition to paying more than $2.2 million in back wages and interest to the affected applicants, Cargill has agreed to extend 354 job offers to the affected workers as positions become available. Additionally, the company has agreed to undertake extensive self-monitoring measures to ensure that all hiring practices fully comply with the law, including record-keeping requirements.

Cargill Meat Solutions, a wholly-owned subsidiary of Minneapolis-based Cargill Inc., distributes beef, pork and turkey products. Since 2005, Cargill has held federal contracts worth more than $1.4 billion.

Source: OFCCP

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

OFCCP Posts New Information and Resources for Federal Contractors on Section 503 and VEVRAA

OFCCP, on February 21, 2014, posted new information and resources on its Web site to assist federal contractors with outreach and recruitment targeting individuals with disabilities, employing and retaining individuals with disabilities, promoting self-disclosure as a person with a disability, assistive technologies that help change corporate culture, and reasonable accommodation. Several of the new items are listed below. 

• Office of Disability Employment Policy (ODEP) resources and information on student internships, mentoring programs, workforce recruitment programs for college students with disabilities, and strategies for increasing employment opportunities within the small business community for individuals with disabilities, is available at http://www.dol.gov/ofccp/regs/compliance/resources_recruit_disability.htm
• A Better Bottom Line: Employing People with Disabilities, a report by the National Governors Association on employing individuals with disabilities and promoting self-disclosure as a person with a disability, is available at http://www.dol.gov/ofccp/regs/compliance/resources_selfid.htm
• The Forrester Research Inc. and Microsoft^[1] report on assistive technologies and corporate culture is available at http://www.dol.gov/ofccp/regs/compliance/resources_info.htm
• Information on U.S. Business Leadership Network (USBLN): Disability at Work, a non-profit helping business leverage disability inclusion in the workplace, is available at http://www.dol.gov/ofccp/regs/compliance/resources_info.htm.

Source: OFCCP

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

 

OFCCP Posts Additional FAQs on the Implementation of the VEVRAA and Section 503 Final Rules

The U.S. Department of Labor (DOL) Office of Federal Contract Compliance Programs (OFCCP) posted a third round of Frequently Asked Questions (FAQs) answering questions from contractors and the general public about provisions in the recently published Vietnam Era Veterans' Readjustment Assistance Act (VEVRAA) and Section 503 of the Rehabilitation Act (Section 503) Final Rules. These FAQs address implementation issues, such as the schedule for contractors to come into compliance with the affirmative action requirements of Subpart C of the new regulations. These latest FAQs, published on the OFCCP website and marked with a "NEW" banner, are part of a series of FAQs, guidance materials, and resources that OFCCP is providing to contractors and the public between now and the March 24, 2014, effective date of the new rules.

The VEVRAA FAQs are available at www.dol.gov/ofccp/VEVRAA

 
The Section 503 FAQs are available at www.dol.gov/ofccp/Section 503

 

For more information on this and/or other services offered by THOMAS HOUSTON please call (800) 330-9000 or email info@thomashouston.com.

Source: OFCCP

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

Rules to improve employment of people with disabilities and veterans published today

The U.S. Department of Labor today announced that the Federal Register published two final rules to improve hiring and employment of veterans and for people with disabilities. The rules were first announced Aug. 27, 2013, and more information is available at http://www.dol.gov/opa/media/press/ofccp/OFCCP20131578.htm.

The rules will become effective March 24, 2014, and federal contractors will be required to comply with most of the final rule's requirements by that date. However, some contractors may have additional time to comply with the requirements in subpart C, which relates to affirmative action plans. Contractors with affirmative action plans in place on March 24 may maintain them until the end of their plan year and delay their compliance with the final rule's affirmative action plan requirements until the start of their next plan cycle.
The final rules in the Federal Register can be found at

• https://www.federalregister.gov/articles/2013/09/24/2013-21228/affirmative-action-and-nondiscrimination-obligations-of-contractors-and-subcontractors-regarding
• https://www.federalregister.gov/articles/2013/09/24/2013-21227/affirmative-action-and-nondiscrimination-obligations-of-contractors-and-subcontractors-regarding

Source: DOL

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