A former employee of Fort Bend County, Texas filed an EEO charge for sexual harassment against her former employer. After filing the charge, she was told to work on a Sunday. She said she could not do so due to church obligations. She did not show up to work on that Sunday and was fired. She then attempted to add to her EEOC claim by adding “religion” and “discharge” to the form, but she did not change the formal charge document. She then filed suit alleging religious discrimination and retaliation. SCOTUS is allowing this employment-discrimination case to move forward despite the fact that the EEOC claim she filed was not formally amended to include a religious discrimination charge.
The EEOC sent out an email to company contacts on June 3. It was short but informative. The agency re-emphasized the requirement to file Component 2—the salary portion of the EEO-1 - for calendar year 2017 and 2018 and that the report was due by September 30, 2019. Remember Component 2 is only required for companies with 100 or more employees.
The Office of Federal Contract Compliance Programs recently issued the agency’s first opinion letter, as promised by Directive 2018-08. Opinion letters are to serve as guidance on specific topics responding to helpdesk inquiries or direct requests for opinion letters. These letters do not change laws, regulations, or OFCCP policy and do not provide legal advice.
EEOC is moving quickly toward implementing the data collection for Component 2 of the EEO-1 report. The agency submitted one of the required periodic updates to Judge Tanya Chutkan on May 24, 2019. The report details their progress with their outsource vendor, NORC, for Component 2 of the EEO-1 report—since awarding the contract on May 1, 2019. The University of Chicago’s National Opinion Research Center, or NORC, is an independent research institution that delivers reliable data and rigorous analysis according to their website. NORC has been working in the field of social science and public opinion research since 1941.
Join VP of Client Services, Cheryl Boyer and Managing Consultant, Sonia Chapin, both of Berkshire Associates, at the New Jersey ILG Quarterly Meeting on June 7, 2019. Cheryl and Sonia will present, “Section 503 Focused Reviews: What We Know and What We Can Predict.” During this session, the expert duo will give an overview of the directive and what it means for federal contractors. They will also share insightful predictions on what we might expect from OFCCP and what federal contractors can do to prepare. Click here for registration information, or contact Rehana Iqbal, Vice-Chair Membership, at email@example.com.
RSVP today and attend the Arkansas ILG 2019 Summer Program and Meeting where speaker, Beth Ronnenburg, President of Berkshire will present two topics: “Current State of OFCCP Audits: Tips and Strategies,” and “Individuals with Disabilities Compliance and Focused Reviews: The Game Changer” on Wednesday, June 12. In the first presentation she will discuss the OFCCP directives and how they impact compliance reviews. Beth will also provide practical tips on how contractors can prepare for and manage a successful outcome of their audit.
Register and attend the New England ILG Spring Program where Berkshire’s Senior HR Consultant, Rachel Rubino will be speaking on Current OFCCP Audit Trends on Wednesday, May 22, 2019.
The Office of Federal Contract Compliance Programs (OFCCP) has released a statement that the Office of Management and Budget (OMB) is seeking comments on the process of applying for the Contractor Recognition Program-Disability Inclusion Award. This award recognizes the contractors and sub-contractor establishments that have achieved a level of excellence in their compliance with the regulations set forth in Section 503 of the Rehabilitation Act of 1973, as amended. This program joins the HIRE Vets Recognition Program released by OFCCP last year and supports the agency’s stated goal of recognition of contractors “doing the right thing.”
In what may come as news for some federal contractors, OFCCP may now require placement goals to be set for specific racial/ethnic and gender subgroups when the percentage of a particular minority group employed is substantially less than would be reasonably expected given the percentage of that group available for employment.