Federal contractors or subcontractors must comply with many affirmative action obligations surrounding applicant management, job postings, career site statements, and outreach effort evaluations, to name just a few. This blog will guide you in putting together robust applicant data for your affirmative action plan so it will be more likely to withstand OFCCP scrutiny in an audit.
On January 12, 2018, the Department of Labor published its semiannual regulatory agenda. There were no items on the agenda for the Office of Federal Contract Compliance Programs (OFCCP), with the Occupational Safety and Health Administration being the only department expecting any rule changes in the coming year. This means no regulatory updates are expected for OFCCP as the agency adjusts to working under the new Director, Ondray T. Harris.
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On April 5, 2017, the Equal Employment Opportunity Commission (EEOC) held an open meeting on the State of the Workforce and the Future of Work. Panelists at EEOC’s meeting represented public policy research, workforce development, unions, and employers. These experts weighed in on the state of the current U.S. workforce and how best to create employment opportunities for all. Concerns were not around the lack of jobs, but the gap between the skills needed for job vacancies and the skills of the job seekers.
Effective immediately, all federal contractors are required to provide privacy training to their employees to safely handle Personally Identifiable Information (PII) defined as “any information that can be used to distinguish or trace an individual’s identity, either alone or when combined with other information that is linked or linkable to a specific individual.” On January 19, 2017, the Department of Defense (DOD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA) issued this new rule adding Subpart 24.3 (Privacy Training) to the Federal Acquisition Regulation (FAR) to implement these new requirements.
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.
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.
EEOC has revised its pay data collection proposal based on the feedback the commission received to its initial proposal published in January of this year. The revised proposal is slated for publication in the Federal Register today with a 30-day comment period ending on August 15, 2016. In the current revisions, EEOC acknowledged that filing the revised EEO-1 report may involve more time than it estimated originally, but made minimal changes to its proposal to address the burden.