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  • Availability Analyses Have Limited Value
    by Bill Osterndorf - June 20, 2018
    I have two subject areas that are of significant interest to me that I have written about on various occasions over the last several years. One of these areas involves the demographic surveying that must be done for applicants and employees. The other involves the availability analyses that must be a part of affirmative action plans produced under Executive Order 11246. Today, we’re going to return to this later topic,...
  • State and Local Affirmative Action Requirements
    by Bill Osterndorf - April 18, 2018
    When we think about affirmative action in employment, the general tendency is to think about the federal affirmative action laws and regulations that are enforced by the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP). However, there are many state and local units of government that also have affirmative action requirements for certain organizations. At times, these requirements can be...
  • OFCCP Sends Notices About Pending Compliance Reviews
    by Bill Osterndorf - February 14, 2018
    On February 1, 2018, the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) sent 1,000 notices to federal contractors and subcontractors. These notices inform employers that one or more of their facilities are likely to be the subject of an affirmative action compliance review during 2018. OFCCP has been sending these notices to employers for about ten years. These notices, which are for...
  • New Year Calls for Remembering Basic OFCCP Obligations
    by Bill Osterndorf - January 17, 2018
    As we move into a new year, our tendency is to think about new projects and new possibilities. But the new year is also a good time to consider some of the things we should have been doing during the last year that have fallen off our radar screens. This article will cover some of these things that organizations subject to the federal affirmative action laws should ensure haven't fallen off the radar screen. During 20...
  • The Year in Review at OFCCP 2017
    by Bill Osterndorf - November 17, 2017
    Many of us working in the affirmative action field had expected that 2017 might be a year of significant change at the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP). Instead, the year was striking for the number of things that did not change in regard to OFCCP. No Head of OFCCP Chosen Until November 2017 While it often takes some time for sub-cabinet positions in the federal governm...
  • Protected Veteran
    by Bill Osterndorf - October 20, 2017
    In my last article for the The OFCCP Digest, I wrote about the changing perceptions of race, ethnicity, and gender and how these changes may affect regulatory compliance. For federal contractors and subcontractors, there are two remaining classes that are protected under the federal affirmative action laws: certain classes of veterans and individuals with disabilities. While changes affecting these classes may not...
  • The New World of Demographics
    by Bill Osterndorf - September 15, 2017
    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 and some people will be unhappy about these regulations. While people are also in a constant state of change, something we traditionally...
  • Trump Administration Proposes Merger of EEOC and OFCCP as Part of 2018 Budget
    by Bill Osterndorf - June 16, 2017
    When the Trump administration released its proposed budget for the upcoming federal fiscal year, the budget contained a proposal for a major change involving two of the nation’s most prominent civil rights agencies, the Equal Employment Opportunity Commission (EEOC) and the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP). Regardless of whether and when this change will occur, the proposal...
  • OFCCP Takes Action Against Major U.S. Companies
    by Bill Osterndorf - February 17, 2017
    The first few weeks of the new presidential administration have produced a number of surprises in various realms. However, there has been relatively little activity involving the regulatory agencies that deal with employment issues. This is in part due to the absence of a Secretary of Labor. As of the publication date of this article, the Trump administration’s first nominee for Secretary of Labor has withdrawn, and the...
  • Waiting for Change at OFCCP
    by Bill Osterndorf - January 20, 2017
    In January of 2017, Donald Trump will be president of the United States. This is not what the political pundits expected, and it is not what most service providers working in the affirmative action/equal opportunity area expected. Now that a Trump presidency is a reality, it is time to determine how this affects organizations that must comply with the federal affirmative action laws. How Are the Federal Affirmative Action...