Implementing affirmative action programs and complying with OFCCP requirements are intensely practical matters for those charged with these responsibilities. It may seem that abstract questions about the Rule of Law are far afield from such practical concerns. However, the most important requirement that OFCCP enforces relates to an abstract law: “The contractor will not discriminate against any employee or applic...

It is a well-known political axiom – and unfortunate reality – that women continue to earn, on average, 79 cents for every dollar earned by men. As federal efforts to address equal pay issues continue to stall, states and localities have stepped into the breach to take meaningful action to try to address pay disparities. One of the tools they have recently relied upon is prohibiting employers from asking applicants ab...

Happy Holidays and Best Wishes for 2018 Wishing you all the joys of the holiday season and happiness throughout the coming year! We sincerely thank all...

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 gove...

Applicant disposition codes are one factor that can potentially “make or break” Affirmative Action Plan (AAP) data. As a best practice, we recommend having detailed disposition codes that include two pieces of information for each candidate – the step and status. The “step” is the “stage” in which an applicant fell out of during your hiring process, such as: “Phone Screen” “First Interview” “Passed to Hiring...

Oh oh, EEOC has just asked you for a list of names and telephone numbers for a large group of your employees. Why? The usual answer is because EEOC wants to interview at least some of them to see if they have evidence supporting the claims in a discrimination charge filed by another employee. The number is usually large, so the employer has difficulty figuring out who might have talked to the Agency and possibly retal...

Lately, my client roster is filling up with new federal contractors and I have been focused on getting them up to speed on all their new requirements. We focus on the elements of an AAP, recordkeeping, self-ID forms, posters, etc. When we are in the midst of making sure we have dotted every “i” and crossed every “t”, sometimes we lose sight of the bigger picture. Are we working towards creating an inclusive workforce...

Why I Hired a Workforce Others Overlooked Topic: Disability For 16 years, I led the Logistics Division of Walgreens that included more than 10,000 employees and 17 distribution centers across the country. I am also the father of two daughters and a 28-year-old son with autism. As might be expected, I am more proud of the latter than...

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 n...

For 16 years, I led the Logistics Division of Walgreens that included more than 10,000 employees and 17 distribution centers across the country. I am also the father of two daughters and a 28-year-old son with autism. As might be expected, I am more proud of the latter than any business success I’ve enjoyed during my career. Living with Austin gave me an uncensored, unadulterated view of some of the difficulties peo...