Volume 3, Issue 4
The OFCCP Digest Local JobNetwork The OFCCP Digest Bill Osterndorf John Fox, Esq. Sandra Zeigler, Esq. Dr. Hossein Borhani Chris Lindholm
The OFCCP Digest is a complimentary resource for those who do business with the Federal government. Industry leaders from throughout the country share their expertise on a range of topics including affirmative action, equal employment opportunity, and government compliance.
What Does OFCCP Want?
by Bill Osterndorf

Much has been written about the U.S. Department of Labor's Office of Federal Contract Compliance Programs (OFCCP) in the last few years. OFCCP has a number of significant new initiatives, most notably its recent directive regarding the evaluation of compensation data that federal contractors and subcontractors will be asked to provide during compliance reviews. OFCCP has also gone through a number of changes to the manner in which it conducts compliance reviews. read more

Bill Osterndorf Bill Osterndorf is President and founder of HR Analytical Services and has been working with affirmative action/equal opportunity issues for the last 25 years in the public and private sectors. read more

The Fox OFCCP Report
by John C. Fox, Esq.

I was going to write about the provocative way OFCCP currently selects contractors and contractor establishments for audit, but the tenor and volume of calls and e-mail traffic to my desk in the last two weeks from health care clients and industry representatives have persuaded me I need to wade NOW into the health care–OFCCP thicket. Apart from straightening out the welter of confusion regarding OFCCP's coverage of the health care industry, I discuss below how to value hospital contracts (which is very tricky, as it turns out). read more

John C. Fox, Esq. John C. Fox, Esq. is one of the most experienced trial lawyers in the United States defending companies in "bet-the-bank" and other substantial employment cases. Mr. Fox is the President and a Senior Partner of Fox, Wang & Morgan P.C. read more

Institutional Knowledge
by Sandra Zeigler, Esq.

The preservation of institutional knowledge can mean the difference between a finding of discrimination and a finding of no violation in an OFCCP audit. Institutional knowledge can tell you how and why a particular situation exists. For example, suppose Jennifer, a widget designer, is among the last hires in a down market 2010. The entire widget designer staff is shortly thereafter subject to a pay freeze and the company institutes a hiring freeze. This results in Jennifer's pay staying at the original $30 an hour rate, the market rate at her time of hire. The hiring freeze is lifted in 2012 before the pay freeze is lifted. John is hired as one of the first new widget designer hires in 2012. read more

Sandra Zeigler Sandra Scott Zeigler, Esq. is a recognized authority on Federal EEO enforcement with 25 years of experience divided equally between the EEOC and OFCCP. read more

Why It Pays to Collect Data Beyond What OFCCP Requires
by Dr. Hossein Borhani

Some of the OFCCP's decisions on whether a contractor has discriminated in its hiring decision making process are driven by the result of the gross calculation of hiring rates, availabilities, and impact ratio analyses that OFCCP conducts during the Desk Audit review period. Below, using a simple example, I show why gross calculations on aggregate data sometimes provide misleading results and conclusions. I will also discuss how contractors can evaluate and respond to a potentially misleading result. read more

Dr. Hossein Borhani Dr. Hossein Borhani is a Director at ERS Group's San Francisco office and leads its West Coast Labor and Employment practice. Dr. Borhani has testified as an expert witness in court and other judicial settings. read more

Choosing an Affirmative Action Plan Date
by Chris Lindholm

One of the least discussed, yet most contentious areas in Affirmative Action Planning is the determination of the date in which the Affirmative Action Plan (AAP) goes into effect and the determination of the associated employee snapshot date. For years I have spoken with clients, consultants and the OFCCP regarding their perception on choosing an appropriate plan date and it always surprises me how disparate the answers can be. read more

Chris Lindholm Chris Lindholm has 15 years of experience in Affirmative Action Planning and EEO consulting, which includes OFCCP audit support, risk management, training, and software development. read more

OFCCP Compliance Webinar

With the re-election of President Obama, 2013 will be a pivotal year for EEO/AA compliance. The OFCCP proposed many regulatory changes over the past couple of years. Human Resource executives across the country will gather with OFCCP and EEO representatives to learn how to win at compliance and raise their game by attending the 2013 NILG Conference in Indianapolis, Indiana. Don't delay – make plans to attend today. Learn more

The OFCCP Digest Archive

Visit The OFCCP Digest Archives page to reference past editions and familiarize yourself with the industry leaders who provide critical information and helpful insights as contributors.

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We hope you find the information in this newsletter helpful. To subscribe to The OFCCP Digest, send your email address to OFCCPDigest@localjobnetwork.com as well as your comments and feedback.

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.