According to a press release from Office of Federal Contract Compliance Programs (OFCCP), on January 12, 2017, LexisNexis Risk Solutions, while not admitting liability, agreed to pay over $1.2 million in back pay and interest to settle claims by OFCCP that it paid women less than men in Operational Leadership roles at the Company’s Boca Raton, FL and Alpharetta, GA locations. The Company also agreed to pay $45,000 in salary adjustments to women in Operational Leadership roles at its Boca Raton, FL location. Finally, the Company agreed to review their pay policies and to conduct a compensation analysis annually through the duration of the conciliation agreement.
You hired a staffing firm to provide you with entry level workers to manufacture screws for a 3-month government contract you just won. You will not recruit, hire, fire, supervise, or discipline the employees. There might be a longer term opportunity for them after the three months if the contract gets extended. While this solution solves your labor supply concerns, you also need to consider other compliance issues. For example, what should you do when it comes to your Annual Affirmative Action Plan (AAP)? Should these workers be included in your AAP?
Contrary to popular belief that Office of Federal Contract Compliance Programs (OFCCP) publicizes all its settlements, the agency’s webpage sheds light on quite a wide array of 2016 conciliation agreements that were uncommon, and never made it to the press.
What happens when you google: “Google and OFCCP?” As of January 4, 2017, your search results will pull up the following headlines:
USA TODAY-Jan 4, 2017
SHRM-9 hours ago
The Register-22 hours ago
Bloomberg BNA-19 hours ago
We made it! We made it to 2017 and it is time to look at what’s ahead. My crystal ball is still a bit cloudy about what is in store once the new administration takes over on January 20th. However, it is clear that we are not likely to see changes in Affirmative Action regulations for a while—at least not until a new Director of OFCCP is appointed. We have to assume that the agency will operate as is under the Interim Acting Director, Tom Dowd. We also have to keep in mind that right before Patricia Shiu left the OFCCP Director role in November, she added a new Senior Executive Service (SES) level position in the National Office, Director of Enforcement, placing Marika Litras in the role. Judging from some recent press releases and other activity, the OFCCP still intends to vigorously enforce the existing requirements.
On December 19, 2016, the Department of Labor (DOL) published a final rule updating the guidelines that dictate how employers ensure equal employment opportunity in apprenticeship programs. These updated regulations are intended to help businesses reach larger and more diverse groups of workers, and expand protected bases beyond race, color, religion, national origin, and sex to include disability, age, sexual orientation, and genetic information.
Recently, the U.S. Equal Employment Opportunity Commission (EEOC) published a user-friendly resource document aimed at advising employees and job applicants with mental health conditions of their rights under the Americans with Disabilities Act (ADA). During the fiscal year 2016, the EEOC saw a large uptick in the number of discrimination charges based on mental health conditions. EEOC resolved almost 5,000 charges and obtained approximately $20 million for individuals with mental health conditions who were denied employment or reasonable accommodation.
The Department of Justice Antitrust Division (DOJ) and the Federal Trade Commission (FTC) recently published guidance to alert Human Resources professionals of the risks of entering into agreements with competitors about employment terms and to provide guidance for safeguarding against the violations. According to the guidance, when competing employers establish “no poaching” agreements for each other’s employees, it may be a violation of U.S. anti-trust laws.
It is time to wrap up 2016 and put a bow around it. This has been an eventful year for many reasons—one of which was the impact of increased pressure on federal contractors and sub-contractors from OFCCP. Many of you have Affirmative Action Programs (AAP) that are effective January 1, 2017. As you wrap up 2016 here are some issues to keep in mind:
The national unemployment rate is expected to further dwindle to 4.4%. While this is great for the economy, large companies face the unintended consequence of finding the right talent in a candidate-driven market. Specifically, the finance, healthcare, and manufacturing industries face unique issues around the scarcity of talent.