In order to have effective Affirmative Action policies and stay on the right side of Equal Employment Opportunity (EEO) laws and regulations, it is critical to understand the difference between several sets of concepts that are distinct, but often erroneously used...more
In a world where change seems to be everywhere, it is reassuring to know there are a few things that are constants. The sun rises in the east and sets in the west. Traffic will be congested when driving in a major city during rush hour. The federal government will issue regulations...more
United Parcel Service (UPS) has agreed to settle a nationwide lawsuit filed in 2009 by the Equal Employment Opportunity Commission (EEOC). The settlement agreement will pay $2 million to approximately 70 current and former UPS employees who were alleged victims of...more
All businesses must comply with a number of State and Federal employment regulations. If you don’t know about employment laws and regulations, or if you know and do not follow them, your business could be required to pay fees or be in danger of being sued. What can...more
Have we moved the employment needle for individuals with disabilities or just become more aware of disability inclusion initiatives? There has been tremendous buzz surrounding the business case for disability inclusion; however, this does not always translate into good jobs or...more
Kathleen Lee Business Outreach Consultant, Cornell University - K. Lisa Yang and Hock E. Tan Institute on Employment and Disability
Sarah von Schrader Associate Director of Research, Cornell University - K. Lisa Yang and Hock E. Tan Institute on Employment and Disability
Ask the Experts is an online forum where federal contractors and subcontractors are invited to submit questions to industry experts related to OFCCP compliance, affirmative action planning, and equal employment opportunity. Simply register your company on LocalJobNetwork.com to submit a question. Questions and answers will occasionally be featured in The OFCCP Digest for the benefit of all readers.
Question: Visa Sponsorship Question
Can you let me know if the following question is acceptable on an application?
Do you currently or will you in the future require any type of visa sponsorship or transfer to work in the country for which you are applying?
"OSC prefers the question proposed in the 1998 technical assistance letter: 'Will you now or in the future require sponsorship for employment visa status (e.g., H-1B visa status)?'"
The technical assistance letter continues: "If an employer chooses not to employ persons who require sponsorship for an employment visa, such as an H-1 visa, the employer may state in its job postings that it will not sponsor applicants for work visas." It does not address the issue of transfer to work in the US.
OFCCP Grants Exemptions to Hurricane Relief Contracts
Tom Dowd, Deputy Director of OFCCP, announced that OFCCP is offering a “limited exemption and waiver” on certain requirements for supply, service, and construction contracts created for recovery related to Hurricane Harvey and Hurricane Irma. The exemption and waiver covers work from September 8, 2017 to December 8, 2017. This timeframe could be extended due to special circumstances and national interest. For more details on each exemption, the DOL has a dedicated FAQ for Hurricane Harvey and an FAQ for Hurricane Irma, respectively.
U.S. Senate Rejects Proposed Merger of OFCCP and EEOC
The White House’s proposal to merge OFCCP into the Equal Employment Opportunity Commission (EEOC) was rebuffed by the Senate Appropriations Committee. While the Appropriations Bill for the Departments of Labor, Health and Human Services, Education, and related agencies for Fiscal Year 2018 was approved, page 30 of its report on the bill states that “The Committee rejects the budget’s proposal to begin plans to merge the OFCCP with the Equal Employment Opportunity Commission.” Instead, it advised OFCCP to look for ways to be efficient by consolidating resources and reviewing the organization’s structure throughout the U.S. The committee also instructed OFCCP to report its plans to “right-size the agency 180 days after enactment of the Act.”
DOL’s New Overtime Rules Pronounced Invalid by Federal Court
A Texas federal District Court formally invalidated the Department of Labor’s (DOL) proposed overtime rules, declaring the DOL has “exceeded its authority and gone too far with the Final Rule.” The Federal Court argued the new salary threshold would be too high (nearly doubled under the Final Rule) and it “would essentially make an employee’s duties functions, or tasks irrelevant” in determining overtime eligibility, particularly for executives and administrative staff. Approximately 4 million workers would have been granted overtime pay under the proposed changes. Instead, the permanent injunction against the Final Rule means employers should continue to operate under the current Fair Labor Standards Act (FLSA) overtime regulations until further action is taken.
EEO-1 Pay Data Collection Put on Hold
The Office of Management and Budget (OMB) recently notified the Equal Employment Opportunity Commission (EEOC) of its plan to postpone the anticipated pay data collection component within the EEO-1 report. This will allow OMB to review and assess this specific portion of the form. Employers still need to complete the approved EEO-1 form to gather data on race, ethnicity, and gender within occupational categories. The filing deadline is March 2018.
OFCCP Hosting Town Hall Meetings for Public Feedback
In an effort to improve the scope and quality of the compliance assistance it provides to federal contractors, OFCCP is holding three Town Hall meetings to get insight from employers and personnel involved with compliance requirements for their organizations. The meetings are open to the public and designed to get viewpoints from individuals with experience in “nondiscrimination and equal employment opportunity requirements.” OFCCP is looking to use the feedback to redesign its fact sheets, webinars, FAQs, Help Desk, and other resources to help contractors understand and comply with the regulations.
Read more DOL Highlights throughout the month for timely updates.
For more than 70 years, National Disability Employment Awareness Month (NDEAM) has been observed in the month of October. The interest first stemmed from the return of World War II service members with disabilities and the importance of their contributions to the workplace. The theme for 2017 is “Inclusion Drives Innovation,” and celebrates the value of a workforce that includes individuals with many diverse skills and talents.
The OFCCP Digest is a complimentary resource featuring affirmative action, equal employment opportunity, and government compliance topics. Previous editions are available for easy reference on The OFCCP Digest Archives page. To subscribe or to provide feedback, email OFCCPDigest@LocalJobNetwork.com.
The opinions expressed in this newsletter are the opinions of the individual author(s) and do not necessarily reflect the opinions of the Local JobNetwork™. The information appearing in this newsletter is meant to provide the reader with a general understanding of topics relating to OFCCP compliance requirements and is not legal advice. If you are seeking legal advice to address OFCCP compliance issues or requirements, you should consult an attorney. The Local JobNetwork™ expressly disclaims all liability with respect to actions taken or not taken based on any or all of the contents of this newsletter.