The OFCCP Digest Volume 7, Issue 2

Why Me? How Federal Contractors are Selected for an Audit Topic: OFCCP Audits
Have you ever wondered how the Office of Federal Contract Compliance Programs (OFCCP) determines which contractors will receive a scheduling letter? There are two parts to the process: 1) developing the list and 2) selecting contractors from the list. This article outlines the...more
	Marilynn Schuyler, Esq. Counsel, Schuyler Affirmative Action Practice

Effective Self-Assessment of Outreach Efforts Pursuant to OFCCP’s Veteran and Disability Regulations Topic: Outreach
Regardless of where the Trump Administration takes the OFCCP, it seems likely that meaningful outreach for veterans and individuals with disabilities will remain a priority. Government contractors need to be mindful of what the regulations require as to the assessment of...more
	Alissa Horvitz, Esq. Member Attorney, Roffman Horvitz, PLC	Josh Roffman, Esq. Managing Attorney, Roffman Horvitz, PLC

OFCCP Takes Action Against Major U.S. Companies Topic: OFCCP
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...more
	Bill Osterndorf President and Founder, HR Analytical Services

How to Handle Temporary Staff in Your AAP Topic: AAP
You hired a staffing firm to provide you with entry-level workers to manufacture screws for a three-month government contract you just won. You will not recruit, hire, fire, supervise, or discipline the employees. There might be a longer term opportunity for them after the...more
	Andrea Csordas, SPHR, SHRM-CP HR Consultant, Berkshire Associates

Perspectives on Veteran Recruitment and Retention Topic: Veterans
As more companies expand their workforce to meet critical skill gaps in high-demand jobs, there is a renewed opportunity to increase veteran hiring. To tap into this highly skilled talent pool, companies need a targeted outreach strategy to attract qualified veterans who possess...more
	Judy Young Assistant Director of Training and Development, Cornell University - K. Lisa Yang and Hock E. Tan Institute on Employment and Disability	Kathleen Lee Business Outreach Consultant, 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: Posting Positions to Fill with a Current Contractor

Would you be able to direct me to where I can find out whether a federal contractor is required to post a position for which we will convert a contractor to a full-time employee? We have several contractors here and often we convert them into a full-time position without posting the role, because it is their exact same position and we’re just moving them from contractor status to a full-time employee.

Answered by Marilynn Schuyler from Schuyler Affirmative Action Practice:

This is a good question, and one that not many federal contractors take the time to consider. In this situation, OFCCP would be interested to know at what point the opportunity for diverse outreach was provided. If the process for selecting the contractor was competitive and followed the regulatory requirements for posting, then the conversion, without competition, is less problematic. The safest route, however, is to go ahead and post the position as you would any other opening.

EEOC Extends Public Input Period on Proposed Enforcement Guidance on Harassment

The EEOC has provided a 40-day extension for the public to provide comments on its proposed enforcement guidance on workplace harassment. This enforcement guidance describes the legal standards and employer liability as it relates to harassment claims. Interested parties are encouraged to comment. The new deadline for public input is March 21, 2017.

OMB Approves the Disability Self-Identification Form for Three Years

Effective immediately, federal contractors must use the updated Voluntary Self-Identification of Disability when asking applicants and employees to voluntarily identify if they have a disability. The Office of Management and Budget (OMB) renewed the form with a new expiration date of January 31, 2020. No other changes were made to the content of the form. Federal contractors must either download the new form or update their electronic versions to reflect the new date. This is an OMB–approved form and, as such, its content cannot be altered or changed. Use of the self-ID form is valuable for ensuring everyone has an equal employment opportunity and that federal contractors can measure their progress toward hiring individuals with disabilities.

Read more DOL Highlights throughout the month for timely updates.

Contact Us
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.