Vigilant Blog

News, trends and analysis in employment law, HR, safety & workers' comp

Mar 09, 2011

Affirmative action: OFCCP posts enforcement directive, collects $700,000 settlement

Affirmative Action 

The Office of Federal Contract Compliance Programs (OFCCP) recently published the new, aggressive audit procedures it began implementing this year. The Active Case Enforcement (ACE) directive for federal supply and service contractors generally requires at least a full desk audit for each facility selected for a compliance review. The agency will go onsite if the compliance officer finds indications of potential discrimination, even on an individual basis. As a quality control measure, every 25th compliance review will also include an onsite visit and offsite review of records. The agency may also select contractors for special compliance checks to verify proper recordkeeping and for focused reviews to zero in on particular areas of concern. When it sends a scheduling letter to the company, the OFCCP will contact the U.S. Equal Employment Opportunity Commission (EEOC) and the relevant state civil rights agency to find out whether any complaints have been filed against the company (OFCCP Directive 294).


In other affirmative action news, the OFCCP announced that federal contractor InterCall agreed to pay $700,000 in back wages, interest and benefits to 151 unsuccessful minority job applicants. The applicants were rejected for sales associate positions in 2006 and 2007. InterCall is the world’s largest provider of audio, web, and video conferencing. This case is yet another example of the agency’s “bread and butter” settlements—large groups of applicants in entry level job groups who were rejected disproportionately on the basis of race or gender. If you are a federal contractor or subcontractor, pay especially close attention to your hiring practices in your entry level job groups. Your Vigilant affirmative action representative can help.

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