Lessons Learned from OFCCP FY 2016 Conciliation Agreements without Press Releases

Posted by Suzanne Keys, SPHR, SHRM-SCP, HR Consultant on February 17 2017

In FY 2016, Office of Federal Contract Compliance Programs (OFCCP) quietly settled twelve compliance reviews without a press release. This is unusual. Historically, OFCCP publishes a press release with each conciliation agreement. If you missed reading about these resolutions, you missed out on some valuable lessons.

Department of Justice Withdraws Request for Partial Stay of Transgender Bathroom Injunction

Posted by Charu Avasthy, PHR, Senior HR Consultant on February 17 2017


The Trump Administration signals it may revisit the government’s position regarding whether transgender students be allowed to use the bathroom of the sex with which they identify. In May 2016 the Obama administration informed schools that “schools receiving federal money may not discriminate based on a student’s sex, including a student’s transgender status.” Pursuant to joint guidance issued by the Department of Education and Department of Justice, schools were advised they should allow students to use bathrooms consistent with the gender they identify with, rather than their biological sex.

Designing Job Groups

Posted by Lauren Buerger on February 16 2017

A core component of a federal contractor’s affirmative action plan (AAP) is the creation of a job group structure. Office of Federal Contract Compliance Program’s (OFCCP) regulations state the “job group analysis is a method of combining job titles within the contractor’s establishment” (41 CFR 60-2.12). However, what does this mean? What is the best way to do this? Why does this matter?

Getting Your Workforce to Self-Identify as Disabled

Posted by Liz Balconi, PHR, SHRM-CP, M.A., Managing Consultant on February 13 2017

In the last two years, federal contractors started tracking and reporting the workforce percentage that self-identified as being an Individual with a Disability (IWD). Time and time again, we hear from employers that applicants and current employees are unlikely or uncomfortable providing their disability status as part of the employment process. Employers are consistently reporting low numbers of employees who self-identified as an IWD.

Updated Disability Self-Identification Form Must be Implemented Immediately

Posted by Kristyn Hurley, SPHR, SHRM-SCP, Managing Consultant on February 10 2017


The Office of Management Budget (OMB) has renewed the voluntary self-identification form federal contractors must use to solicit disability status information from applicants and employees. The new form was approved without change and is valid until January 31, 2020. Federal contractors are required to either download the renewed form(s) or update their electronic version(s) of the form to reflect the new OMB approval expiration date.

OFCCP Reaches $2.7 Million Settlement with California Tech Company Over Hiring Practices

Posted by Liz Balconi, PHR, SHRM-CP, M.A., Managing Consultant on February 10 2017

Office of Federal Contract Compliance Programs (OFCCP) has struck hard against California’s high tech industry again, this time quietly settling hiring discrimination claims against California technology company—Splunk Inc., located in San Francisco, California. The $2.7 million settlement resolves claims by the agency that Splunk Inc. selected Asians and African Americans applicants less often for certain Technical and Administrative Professional positions. This case follows OFCCP’s recent high profile lawsuits against Palantir Technologies, in which OFCCP alleged the company’s hiring practices disproportionately excluded Asians, and Oracle America Inc., in which OFCCP alleged that the company disproportionately favored Asians, specifically Asians of Indian descent, when hiring.

President Trump Signs Executive Order Limiting New Regulations—Order Now Being Challenged in Court

Posted by Brian LaCour on February 10 2017

On January 30, 2017, the Trump Administration released its Executive Order (EO), “Reducing Regulation and Controlling Regulatory Costs,” an EO intended to cut regulations by removing two existing regulations for each new regulation enacted. The EO intends to “manage the costs associated with the governmental imposition of private expenditures required to comply with federal regulations” through gradual attrition of regulation:

OFCCP Resolves Pay Discrimination Claims Against Florida Contractor

Posted by Liz Balconi, PHR, SHRM-CP, M.A., Managing Consultant on February 10 2017

Office of Federal Contract Compliance Programs (OFCCP) recently entered into a conciliation agreement with Crossmatch Technologies in Palm Gardens, Florida to resolve allegations of pay discrimination. As has been the case with other recent conciliation agreements, OFCCP did not issue a press release regarding this resolution. The conciliation agreement follows OFCCP’s recent filing of two administrative lawsuits alleging pay discrimination against Oracle America Inc. and JPMorgan Chase & Co. and is a good reminder pay discrimination continues to be an enforcement priority for OFCCP.

Frontline Recruitment Counts: How Sodexo Uses BALANCEtrak Applicant Tracking System to Support Diversity and Inclusion Efforts

Posted by Carla Pittman, Senior Manager, Berkshire Associates on February 9 2017

Sodexo, world leader in Quality of Life services, released its 2016 Global Diversity & Inclusion Report this week and credit BALANCEtrak applicant tracking system with fostering more efficient and compliant frontline recruitment. As the 19th largest employer globally, and serving 15 million North American consumers, the report highlights Sodexo’s mission to attain an organization reflective of the diverse communities they serve. Accomplishing this goal meant identifying the right platform and processes that could result in attracting a diverse pool of applicants.

Employee Referral Programs—The Good and the Bad

Posted by Cheryl Boyer, SPHR, SHRM-SCP, Vice President of Client Services on February 7 2017

Employee referral programs can be one of the best sources for hiring good employees. However, these programs can also come with some unintended consequences, if not implemented well. There are at least three good reasons for companies to have an employee referral program: