International Women’s Day 2019—We Can All Play A Part

Posted by January Mallory on March 8 2019

Over the last year, women have made major breakthroughs with many historical firsts.

OFCCP Releases New Web Page in Support of Section 503 Focused Reviews

Posted by Sonia Chapin, SPHR, SHRM-SCP on March 8 2019

In yet another signal the agency is serious about focused reviews, OFCCP added a web page to its site that compiles a number of resources related to IWDs. The new page offers ten different items, including the following:

Register for a Free Webinar on Auditing Your Reasonable Accommodation Process & Providing Information to OFCCP

Posted by January Mallory on March 8 2019

Plan to attend the next webinars in the Section 503 compliance webinar series. This week's highlighted webinar is Auditing Your Reasonable Accommodation Process & Providing Information to OFCCP. On March 20 from 1-1:30 p.m. EST, Cheryl Boyer, Vice President for Client Services at Berkshire will discuss the reasonable accommodations required for an otherwise qualified Individual with a Disability. With a deep background in managing human resources departments, Cheryl will discuss practical procedures for responding to requests for reasonable accommodations and the concept of “undue hardships.” The webinar also will explain how contractors can respond to OFCCP’s request for a log of reasonable accommodation requests during a compliance review.

Supreme Court Vacates Ninth Circuit Ruling

Posted by Kelly Andrews, PHR, SHRM-CP on March 7 2019

Recently, the U.S. Supreme Court instructed the Ninth Circuit to reconsider its en banc ruling making it harder for businesses to justify paying women less than men. An en banc ruling is a session in which a case is heard before all judges of a court rather than a single judge or panel. The Supreme Court noted that because one of the judges, Stephen Reinhardt, who had passed away by the time the decision was filed, the circuit erred in counting him as a member of the majority. The ruling was handed down per curiam, which is a decision made by a judge or a court in unanimous agreement. The ruling vacated a precedent-shifting decision that revived a California math specialist’s sex discrimination suit. The ruling blocked employers from using women’s salary histories as a basis for paying less

Stay of Collection of EEO-1 Pay Data Lifted by Court

Posted by Kristen N. Johnson on March 5 2019

A federal judge has ordered that a stay on the collection of compensation data on the EEO-1 report be lifted. Berkshire previously reported on the expansion of the EEO-1 form to include detailed worker pay data in 2016. The pay data collection tool was stayed by the current administration in 2017, and that stay was challenged in court in 2018.

More Information on the Upcoming CSAL and Section 503 Focused Reviews

Posted by Brian LaCour on March 4 2019

The OFCCP has announced that its next Corporate Scheduling Announcement List (CSAL), detailing which federal contractors will be listed for an OFCCP audit, will be released in mid-to-late March 2019. OFCCP is also, for the first time, releasing the CSAL exclusively in their FOIA Library and forgoing mailing letters about the upcoming audit to contractors.

Join Us for a Free Webinar on Creating Required Auditing & Reporting Process

Posted by January Mallory on February 28 2019

If you were not able to tune in for the first three webinars in the Section 503 compliance webinar series, you definitely do not want to miss this next one titled Creating Required Auditing & Reporting Process. On March 13, 2019, at 1:00 p.m. EST, Sonia Chapin, Managing Consultant and Audit Advisor at Berkshire Associates, will discuss the requirement contractors have to monitor and report on their Affirmative Action efforts for Individuals with a Disability, and the responsibility to correct for deficiencies in their program should they exist. Contractors will learn steps they can take to satisfy the requirement, including best practices for documenting the actions taken to comply. Sonia will also discuss how to respond to OFCCP’s request for records during a compliance review.

OFCCP Announces Plans for Next CSAL Notification

Posted by Cheryl Boyer, SPHR, SHRM-SCP, Vice President of Client Services on February 26 2019

The OFCCP announced its plan to post the next Corporate Scheduling Announcement List (CSAL) in its FOIA Library in mid-to-late March. This will be the only notification to contractors as there are no plans to send mail notifications to establishments on the list. Contractors are strongly encouraged to subscribe to the OFCCP’s email updates prior to March. Use the link here to sign up.

Register for a Free Webinar on Conducting a Mental & Physical Job Qualifications Review

Posted by January Mallory on February 25 2019

Join us on March 6 from 1-1:30 p.m. EST when Rachel Rubino, Senior Consultant and Audit Advisor at Berkshire Associates, will discuss contractors’ requirement to review physical and mental job qualification standards to ensure that they do not screen out qualified Individuals with Disabilities. Contractors will learn steps they can take to show that the qualifications are job-related and consistent with business necessity. Rachel will also review best practices for documentation and responding to OFCCP questions related to this requirement.

OFCCP recently announced it would conduct focused reviews of federal contractors’ Section 503 compliance during its Fiscal Year 2019 scheduling cycle. The agency also checks

FREE Webinar on Requesting Voluntary Self-ID of Disability Status, and Conducting the Employee Survey

Posted by January Mallory on February 20 2019

In this 30-minute free webinar on February 27, 2019, at 1:00 p.m., Berkshire’s President, Beth Ronnenburg will share with attendees best practices for creating and conducting an employee survey to encourage employees to self-identify as a person with a disability.