The OFCCP has issued three additional directives. Directive 2019–02 outlines the process the OFCCP will use for early resolution of identified violations. With the Early Resolution Procedures or ERP, OFCCP and contractors with multiple establishments can agree to resolve problems quickly with a variety of actions, dependent upon the identified violation.
In their fiscal year 2018 reports, the EEOC and OFCCP report combined monetary settlements of $521 million to victims of workplace discrimination. It was reported that $505 million in funds were paid to settle EEOC complaints, benefiting almost 68,000 people. An additional $16.4 million was paid to 12,000 workers based on findings by the OFCCP, primarily in the area of compensation violations.
Just in time for Halloween, OFCCP has been busy with what some may think are scary activities. Contractors with locations on the latest CSAL list are beginning to receive the initial phone calls to schedule their compliance reviews. The scheduling letters were said to start being mailed out on October 22, 2018.
On Monday, Craig Leen, Acting Director of OFCCP, issued a National Exemption (NIE) Memorandum to federal contracting agencies notifying them to grant a limited exemption to new supply and service or construction contracts specifically created to provide Hurricane Michael relief. This relief effort is similar to what was done with new federal contracts to provide relief for Hurricane Florence last month.
It is almost time for the decennial census. While this survey of the American population is no longer used specifically in Affirmative Action Plans, some area of controversy surrounding the Census may make their way into the requirements for federal contractors—or at least for employers as the workforce continues to become more diverse. While this post discusses possible changes, it’s important to note nothing is final as of this writing, as at least six lawsuits are currently challenging the 2020 census form.
Continuing its torrent of recent activity aimed at increasing federal contractor voluntary compliance with affirmative action obligations, the OFCCP announced that it had signed a Memorandum of Understanding with the National Industry Liaison Group (NILG). In making the announcement, OFCCP stated, “At OFCCP we have learned that, before we can achieve broader compliance success, first we need to up the level of trust, communication, and education we provide to contractors.”
A final rule implementing Executive Order (EO) 13838 was issued this week by the Wage and Hour Division of the Department of Labor. EO 13838 provides exemptions for some federal contracts that were established under EO 13658 “Establishing a Minimum Wage for Contractors.”
Over the last two months the OFCCP has announced a series of new directives impacting the way in which federal contractors interact with the agency. From a new directive about how the agency will examine compensation discrimination to another announcing focused compliance reviews to new directives geared towards maximizing the success of compliance assistance outreach for federal contractors, a lot has happened at the OFCCP since Acting Director Craig Leen took over in August 2018.