Negativity and discord have reached historic levels in our culture. Most aspects of our lives are widely affected by worsening attitudes, constant complaints and pessimistic mindsets. Like a virus, they spread easily, even when unwarranted. Negativity impacts families, communities, institutions and workplaces. Leaders see the results firsthand, regardless of whether they recognize the causes. Turnover rises, projects fai...

The economy is going strong and the unemployment rate is at an all-time low. The last thing on anyone's mind is workforce downsizing or Reduction in Force (RIF). However, for the experienced Human Resources (HR) practitioner, s/he understands that RIFs do not occur solely during economic downturns. RIFs are a normal and (arguably) healthy part of maintaining a high performing workforce that supports organizational str...

During the last week of July 2018, the Department of Labor's Office of Federal Contract Compliance Programs (OFCCP) experienced a change in leadership. Director Ondray Harris stepped down after a short tenure with the agency, and Senior Advisor Craig Leen was installed as Acting Director of OFCCP. Since then, Acting Director Leen has rolled out a number of priorities and initiatives for the agency. During his first f...

In a new directive released on August 10, 2018, the Office of Federal Contract Compliance Programs (OFCCP) announced plans to start conducting focused reviews in the new fiscal year, which begins October 1st. Directive 2018-04 instructs OFCCP staff to dedicate a portion of future scheduling lists on focused reviews of contractor compliance with Executive Order 11246, Section 503 and VEVRAA. These targeted reviews will...

Hitting the ground running, Acting OFCCP Director Craig Leen released two new directives on August 10, 2018. Directive 2018-04 As anticipated from Leen's conversations with contractors at the National Industry Liaison Group (NILG) conference in Anaheim, California during the first week of August 2018, the Office of Federal Contract Compliance Programs' (OFCCP) Directive 2018-04 plans to initiate 'focused rev...

96 The OFCCP Digest is a complimentary resource for federal contractors on topics of Affirmative Action, EEO, and government compliance....

Introduction Even before the 1978 publication of the Uniform Guidelines on Employee Selection Procedures, adverse impact analyses (alternatively known as disparate impact analyses) have been conducted by employers to evaluate passing rate differences between subgroups on various practices, procedures, and tests. Methods for conducting such analyses have typically included impact ratio tests that comparatively evaluate...

OFCCP’s Fiscal Year 2017 (FY2017) is coming to a close and the Agency may be looking to make some deals, particularly in matters alleging pattern and practice discrimination. For the past decade, OFCCP has engaged in what has been best described as 'plaintiff-style' tactics to achieve highly publicized, big-dollar settlements in its efforts to uncover workplace discrimination by federal contractors. Relying on Direc...

We are often contacted by an employer that realizes, well after the filing deadline, that it failed to submit an annual EEO-1 Report to the Equal Employment Opportunity Commission (EEOC) / Joint Reporting Committee. Sometimes the employer has gone several years without filing an EEO-1 Report – maybe never. The typical first question asked by a sheepish human resources manager is what the consequences may be for fail...

96 The OFCCP Digest is a complimentary resource for federal contractors on topics of Affirmative Action,...