Employment Law Blog

News, trends and analysis in employment law and HR

Feb 25, 2011

OFCCP working to increase enforcement capabilities

Affirmative Action 

The Office of Federal Contract Compliance Programs (OFCCP) is signaling it intends to significantly increase its ability to enforce affirmative action compliance for covered employers with federal contracts and subcontracts. Recent developments include:

 

  • Representatives from OFCCP, the Department of Justice (DOJ), and the Equal Employment Opportunity Commission (EEOC) met to discuss opportunities for collaboration. It was the first time that national and field employees of the three agencies had ever convened together.
  • The OFCCP’s budget request for FY 2012 says that the agency wants to continue to build on its new IT system, the Federal Contractor Compliance System (FCCS), to provide a secure web-based portal for employers to submit affirmative action data. This would allow the agency to analyze data on a much more thorough, consistent basis.
  • Following up on recommendations by the President’s National Equal Pay Enforcement Taskforce, the agency’s budget request also states that they want to create a web-based compensation survey data tool (a modern replacement for the discontinued EO Survey).
  • The agency announced a settlement worth $1.65 million on behalf of 970 female applicants who were rejected for general laborer positions at Green Bay Dressed Beef. The company must also extend offers to 248 of the women as openings become available.

If federal contracts or subcontracts are a valuable part of your business model, it makes sense to allocate the staff and time to comply with affirmative action requirements. The OFCCP’s enforcement is only going to get more aggressive and sophisticated over time. Questions? Contact your Vigilant affirmative action representative.

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