Affirmative Action

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In response to President Obama’s Executive Order earlier this year, the Department of Labor has issued a Notice of Proposed Rulemaking (NPRM) to establish standards and procedures for raising the minimum wage paid to employees of federal construction and service contractors to $10.10 per hour beginning January 1, 2015 and then increased on a yearly basis beginning January 1, 2016. Federal contractors have until July 17, 2014 to comment on the proposed regulations that could have a large impact on contractors’ operations.
Continue Reading Department of Labor Announces Proposed Rules to Raise the Minimum Wage for Federal Contract Workers; Federal Contractors Should Consider Making Their Voice Heard During the Notice and Comment Period

Beginning today, March 24, 2014, federal contractors and subcontractors have a number of new responsibilities. Contractors already have the existing obligation to collect demographic data regarding race and gender and take affirmative action to recruit, hire, and retain qualified minorities, women, individuals with disabilities, and protected veterans. Now contractors must take additional steps to recruit and hire individuals with disabilities and protected veterans, including the collection of data related to the status of applicants and employees as protected veterans and individuals with disabilities.
Continue Reading New Regulations Governing Affirmative Action Requirements for Individuals with Disabilities and Protected Veterans Go Into Effect TODAY!

As expected, new U.S. Department of Labor Secretary Thomas Perez has wasted little time implementing a number of agenda items in the few short weeks since his Senate confirmation. Secretary Perez announced two new rules that amend longstanding regulations under the Vietnam Era Veterans’ Readjustment Assistance Act (VEVRAA) and Section 503 of the Rehabilitation Act, which deal with federal contractors’ and subcontractor’s affirmative action and nondiscrimination obligations toward protected veterans and individuals with disabilities. Among other things, these new rules establish specific hiring metrics, data collection practices, and recordkeeping requirements that federal contractors must implement for veterans and disabled individuals seeking employment.
Continue Reading DOL TO COMPEL FEDERAL CONTRACTORS TO HIRE MORE VETERANS AND DISABLED INDIVIDUALS

The Office of Federal Contract Compliance Programs (OFCCP) recently distributed scheduling letters throughout the Mid-Atlantic Region. The OFCCP sends a scheduling letter to notify a government contractor or subcontractor that a particular establishment has been selected for a compliance evaluation. In response to the scheduling letter, the contractor or subcontractor must submit its written Affirmative Action Program (AAP) along with supporting information, including detailed data on compensation, hiring, promotion, and termination decisions.

Make no mistake, an OFCCP scheduling letter should be treated in the same manner as a class action lawsuit, because that is exactly what it is.
Continue Reading OFCCP Mid-Atlantic Region Issues Scheduling Letters

Today, Rick L. Etter, Esq. and Schaun D. Henry, Esq. of McNees Wallace & Nurick LLC’s Labor and Employment Group issued an Employer Alert entitled "OFCCP Jurisdiction Extended to More Hospitals and Health Care Providers."

The Employer Alert discusses the jurisdiction of the Office of Federal Contract Compliance Programs (OFCCP), which was recently extended…

A governmental employer cannot throw out a employment promotion test because it thinks that the test results have a disparate impact against a minority group unless there is a "strong basis in evidence" to believe it will be liable for discrimination unless it rejects the test results. Fear of litigation alone cannot justify an employer’s decision…

The applicability date of the final rule requiring federal contractors and subcontractors to begin using U.S. Citizenship and Immigration Services’ (USCIS) E-Verify system has been pushed back by six weeks to June 30, 2009, with hint that it may be abandoned or revised. The USCIS website contains the following notice:

The Civilian Agency Acquisition Council

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Employers that rely on a web-based application and recruiting processes should examine their websites for compliance with the ADA’s employment provisions which require accessibility and accommodation in the hiring process.   A recent OFCCP Directive sets forth the agency’s policy on review of employer websites where applications are solicited:

Effective immediately, all compliance evaluations shall…