The OFCCP Digest Local JobNetwork The OFCCP Digest Scott Pechaitis, Esq. and Chris Patrick, Esq. Bill Osterndorf Debra Milstein Gardner Jennifer Sheehy
Managing the Inherent Risks of EEO Analyses
by Scott Pechaitis, Esq. and Chris Patrick, Esq.

Affirmative action is for the “good guys.” Federal contractors (and subcontractors) do not wait to be sued to address equal employment opportunity (EEO) issues, nor do they accept the status quo. Federal contractors do not assume good intentions are being carried out by managers and recruiters. Rather, they seek out and address potential EEO barriers in their employment processes, proactively, and work to ensure employees and applicants are treated fairly.

But not everyone sees it that way.

As this election season heats up, employers can expect to hear more about the gender “wage gap.” For years, Congressional Democrats have attempted to pass robust “equal pay” bills, with little to show for it. Some states – like California and New York – grew impatient...more

Scott Pechaitis, Esq. Scott M. Pechaitis is a Principal in the Denver, Colorado, office of Jackson Lewis P.C. He represents management exclusively in all areas of employment law. His practice...more

Chris Patrick, Esq. Christopher T. Patrick is an Associate in the Denver, Colorado, office of Jackson Lewis P.C. He represents management exclusively in all areas of...more

Who Qualifies as an “Active Duty Wartime or Campaign Badge Veteran”
by Bill Osterndorf

Since 2009, the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) has been very interested in issues concerning the veterans that are protected under the agency’s affirmative action regulations. These regulations cover four categories of veterans, three of which are disabled veterans, recently...more

Bill Osterndorf William A. Osterndorf is President and founder of HR Analytical Services and has been working with affirmative action/equal opportunity issues for the last 25 years in the public and private sectors. Bill specializes in...more

You’ve Found the Perfect Candidate But You Don’t Have an Opening – What Should You Do?
by Debra Milstein Gardner

While reviewing candidate qualifications for an open position, you come across someone who has great skills but is not the best match for the open position. Or you are conducting a passive search and come across a candidate that you would like to “hold” for another position when the opening becomes available. Either way you...more

Debra Milstein Gardner Debra Milstein Gardner has over 36 years of experience in the human resources field. In 1990, she founded Workplace Dynamics LLC, a consulting firm specializing in human resources compliance solutions in the areas of affirmative action and...more

Downton Abbey: a Disability-Inclusive Workplace?
by Jennifer Sheehy

Like many people, I’m currently relishing escaping to Downton Abbey for an hour each Sunday night. For those who haven’t succumbed to this show’s lure, it follows the lives of an aristocratic family and their servants on an English country estate during the early 20th century – a time of dramatic social change. I’m well aware that on one...more

Jennifer Sheehy Jennifer Sheehy is the Deputy Assistant Secretary and acting Assistant Secretary for the Office of Disability Employment Policy (ODEP), US Department of Labor. The mission of ODEP is to develop policy to increase job opportunities for youth and...more

Ask the Experts is an online forum exclusively available to clients of the Local JobNetwork™ (LJN). Federal contractors and subcontractors are invited to submit questions to industry experts related to OFCCP compliance, affirmative action planning, and equal employment opportunity. While questions and answers are only available to view within an LJN account,, questions and answers will occasionally be featured in The OFCCP Digest for the benefit of all readers.

Question: Disability Survey Requirements

What type of language is required on the form used to conduct the 5 year re-survey of employees to identify disabilities that have occurred since their last self-identification? Should there be an area that will allow employees to choose to "not reply" to the survey?

Answered by Debra Milstein Gardner from Workplace Dynamics, LLC:

For the fifth year re-survey, you must use the OFCCP mandated form again and send it to all employees. For years in-between one and five, all you have to do is inform employees (via letter, email, etc.) that if their status as an individual with a disability has changed, they should inform you.

EEOC Proposes Changes to EEO-1 Report to Collect Compensation Data

EEOC is proposing revisions to its EEO-1 report to require employers (not only federal contractors) - with 100 or more employees - to submit summary data on wages paid to their employees by gender, race, and ethnicity. This data will identify possible pay discrimination and help employers promote equal pay in their workplaces. Read the details and proposal. Employers can submit comments until April 1, 2016.

Pay Transparency Obligations in Effect

Executive Order 13665 (“Pay Transparency”) became effective for contracts or subcontracts of more than $10,000 and entered into or modified after January 11, 2016. Under the rule, federal contractors and subcontractors may not fire or discriminate against employees or applicants for discussing, disclosing, or inquiring about their own pay or that of co-workers. The rule requires dissemination of a Pay Transparency Policy Statement, which cannot be modified.

Read more DOL Highlights throughout the month for timely updates.

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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.