The OFCCP Digest - Produced by
Topic: AAP
The "gig economy," characterized by freelance and temporary contract work, has grown exponentially in recent years. A January 2018 NPR/Marist poll found that, currently, one in five jobs in the United States is held by a contract worker and, within a decade, contractors and...more
Michelle Duncan, Esq.
Principal, Jackson Lewis P.C.
Suzanne Donnelly Corwin, Esq.
Associate, Jackson Lewis P.C.
Topic: Compensation
The effort to combat gender pay inequity has taken many twists and turns at the federal level. We've all seen reports and data about the difference in average pay between men and women (83%), and the even greater disparity involving minority women (i.e., 53%) when compared to...more
Gary A. Chamberlin, Esq.
Member, Miller Johnson
Topic: OFCCP
As we stand back and examine what happened during 2018, it is natural to simply catalogue the numerous changes that occurred at the U.S. Department of Labor's Office of Federal Contract Compliance Programs (OFCCP). There were multiple new directives, new initiatives, and new...more
Bill Osterndorf
President and Founder, HR Analytical Services
Topic: OFCCP
For several years now, I have been conducting an ongoing study of OFCCP statistics and the impact on the contractor community. The most recent results are based upon the review and analyses of OFCCP closed compliance activity between FY 2014 through FY 2018 (as reported as of...more
Sandra Hueneman, SR CAAP
President and Founder, Manchester Consultants
Since the onset of low unemployment rates, hiring newly released veterans has been the buzz in the recruiting world as pools of qualified candidates shrink. In the last five years, there has been a plethora of resources popping up, many of them veterans themselves, offering their services...more
Ann Schueller, SPHR
Human Resources Manager, Henry Schein Veterinary Solutions
Ask the Experts
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 to submit a question. Questions and answers will occasionally be featured in The OFCCP Digest for the benefit of all readers.
Question: Proper Disposition Code
During the recruitment process we will sometimes leave open a position until the actual hired candidate starts their first day of work.

What is best way to disposition those applicants who applied during the time period "after we made a hire but before that hired candidate actually started work”?

We never look at these applicants. Can we utilize "Applicant Not Considered - Late Hire"?
Yes, that disposition is fine. It is especially good that this is a rule followed 100%, so the company will be consistent in its application. As with any disposition, best practice is to ensure that everyone using the disposition understands the definition behind it. In an audit, you should be prepared for a question such as, "If no applicants are considered after the decision is made, then what is the purpose of leaving the position open past that date?"
DOL Highlights
Public Comments Sought on the Leadership in Equal Access and Diversity Award Proposal
The US Department of Labor’s Women’s Bureau teamed up with OFCCP to propose the Leadership in Equal Access and Diversity (LEAD) Award to recognize supply and service contractors who convey best practices in all-inclusive equal employment opportunity and nondiscrimination programs. Those selected will be seen as contractors developing and executing inclusion and fair treatment plans, regardless of status, as well as recognizing the significance of fair compensation practices and pay transparency. The LEAD Award is based off feedback from stakeholders and contractors during a variety of meetings and listening sessions. You can find all the details on this proposal and offer your comments about the program on the regulations website. Comments on the proposal will be accepted through December 18, 2018.
EEOC Holding Public Meeting on Workplace Culture to Prevent Harassment
The EEOC will hold a meeting, "Revamping Workplace Culture to Prevent Harassment," on October 31 from 9:30 a.m. to 12 p.m. (Eastern Time). The gathering will take place at the agency's headquarters in Washington, D.C. and is open to the public. With EEOC reports of increases in harassment charges and litigation, panelists at the meeting will discuss key aspects of the Co-Chairs' 2016 Report of the Select Task Force on the Study of Harassment in the Workplace. These individuals will comment on how these important areas (leadership, accountability, policies, procedures, and training) can be implemented to create harassment-free workplaces.
Read more DOL Highlights throughout the month for timely updates.
Veterans Day is a special time to pay tribute and extend our sincerest gratitude to the brave men and women who served and are serving honorably in the military – in both wartime and peacetime – as well as to their families. We are forever indebted to our veterans who safeguarded the precious principles upon which our nation was founded.
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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
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.