In recent years, federal contractors have come to know an Office of Federal Contract Compliance Programs (OFCCP) that is, shall we say, a bit forward. More requests for data outside of the compliance review period. Common requests for workforce-wide compensation data, or for...more
We all have to sort. The problem with sorting selection data under pressure is twofold: (1) you will make mistakes and (2) obviously, you won't have made use of this data to manage your compliance in the language of Executive Order 11246, as amended...more
In the four prior articles in this series, we have conducted an evaluation of OFCCP's recent regulatory and enforcement positions through the lenses of the fundamental and perennial question, "What is Law?" This last article in this series addresses contractor concerns that have emerged over the...more
When the St. Louis Industry Liaison Group (ILG) talks about "meeting you at the fair," it's not about ice-cream cones and electric lights. What we're talking about is a chance for federal contractors to visit with the community-based organizations (CBOs) who represent the veteran and disability...more
The last several years, cybersecurity has found itself thrust into mainstream media. Hacks against the government, companies, and individuals' personal data have almost become a daily routine. To put actual numbers behind this, 54% of companies state they have experienced one or more...more
Tony Bryan Executive Director, Midwest Cyber Center
Ask the Experts is an online forum where federal contractors and subcontractors are invited to submit questions to industry experts related to OFCCP compliance, affirmative action planning, and equal employment opportunity. Simply register your company on LocalJobNetwork.com to submit a question. Questions and answers will occasionally be featured in The OFCCP Digest for the benefit of all readers.
Question: Voluntary Self-ID of Disability
We are re-surveying our workforce using the voluntary self-identification of disability form. We are looking to create our own electronic version of the form to more easily survey our employees. We have the requirements in regard to font, size, OMB number, expiration date, etc. However, it says the form's contents must not be altered.
My question is, is it acceptable to have the whole form on one page on our electronic survey? Or must we have it on two pages like the actual paper version? (i.e. the reasonable accommodation notice is on the second page)
It should be acceptable to have the survey on one page. OFCCP's primary interest is in ensuring that the entire contents of the survey is maintained. The fact that it is two pages in a printed form is a function of the fonts used, the amount of content included, and so on, rather than a function of the desire to have a two-page form.
If you want to be entirely safe, you could include the headers above the section of your electronic form with the reasonable accommodation notice. (By the headers, I mean the title "Voluntary Self-Identification of Disability" and the information on the upper right of each page.) However, so long as you keep all of the original contents of the survey form, you shouldn't have a problem even if the second page headers are omitted.
I will note that, the fact that OFCCP should accept this approach won't necessarily stop some compliance officer from raising concerns about any reformatting you do. However, this is one of those times that a call to a district director, the regional office, or the national policy office should allow you to do what you have suggested.
OFCCP Publishes Methodology for Scheduling List
OFCCP released its methodology for creating its scheduling list. This is the first time OFCCP has made this information public. The document outlined the process the agency uses to identify the contractors to be considered for a compliance review, and the contracts that are removed from consideration. For the 2018 scheduling list, among those excluded were: 1) contracts that are under $50,000; 2) contracts awarded to federal, state, local, municipal, tribal, city, and foreign governments, school districts, or construction companies; and 3) contracts that did not have any modification in the last 15 months.
EEOC Extends Filing Deadline for 2017 EEO-1 Survey
Due to many inquiries from employers seeking additional time to submit their EEO-1 reports, EEOC has pushed the deadline back to June 1, 2018. Companies who need more information or instructions on filing the EEO-1 report can find forms and reference materials on EEOC's website.
OFCCP Develops Action Plan from Town Hall Sessions
Based on the feedback gathered from the town hall listening sessions and stakeholder meetings in FY2017, OFCCP created an Action Plan that places a focus on three themes going forward: trust, communication, and training. OFCCP will look to enhance contractor compliance assistance, improve the quality of contractor and compliance officer education, and increase transparency during compliance evaluations.
Read more DOL Highlights throughout the month for timely updates.
The opinions expressed in this newsletter are the opinions of the individual author(s) and do not necessarily reflect the opinions of the Local JobNetwork™. The information appearing in this newsletter is meant to provide the reader with a general understanding of topics relating to OFCCP compliance requirements and is not legal advice. If you are seeking legal advice to address OFCCP compliance issues or requirements, you should consult an attorney. The Local JobNetwork™ expressly disclaims all liability with respect to actions taken or not taken based on any or all of the contents of this newsletter.