The OFCCP DigestLocal JobNetwork The OFCCP Digest
To Merge or Not to Merge: Is That the Question?
Topic: OFCCP
The White House has proposed merging the Office of Federal Contract Compliance Programs (OFCCP) with the Equal Employment Opportunity Commission (EEOC), purportedly to reduce redundancies in civil rights enforcement. Some prominent members of the federal...more
Marilynn L. Schuyler, Esq. Marilynn L. Schuyler, Esq.
Counsel, Schuyler Affirmative Action Practice
Google Prevails, in Part (and For Now), in Compensation Data Dispute With OFCCP
Topic: Compensation
On July 14, 2017, an Administrative Law Judge (ALJ) for the Department of Labor (DOL) issued a Recommended Decision and Order (the “Opinion”) in the case brought by the Office of Federal Contract Compliance Programs (OFCCP) against Google over Google’s refusal to turn...more
Connie Bertram, Esq. Connie Bertram, Esq.
Partner, Proskauer
Guy Brenner, Esq. Guy Brenner, Esq.
Partner, Proskauer
Retailer Bass Pro Agrees to $10.5 Million Settlement With EEOC
Topic: EEOC
On July 26, 2017, the U.S. Equal Employment Opportunity Commission (EEOC) announced a $10.5 million settlement with Bass Pro Outdoor World, LLC for an alleged hiring discrimination and retaliation lawsuit filed by the agency almost six years ago, on September 21, 2011. Bass...more
Cindy Karrow, SPHR Cindy Karrow, SPHR
Senior HR Consultant, Berkshire Associates
Performance and Conduct Issues in Employees With Mental Health Impairments
Topic: Disability
Performance and conduct issues can be a source of concern for federal contractors in general, but can trigger even greater concern when employees with mental health impairments are involved. How do contractors address these concerns with their employees? It may be...more
Melanie Whetzel, M.A., CBIS Melanie Whetzel, M.A., CBIS
Lead Consultant, Cognitive/Neurological Team, Job Accomodation Network (JAN)
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: Single Requisition With Multiple Hires
How are single requisitions with multiple hires scrutinized by the OFCCP? For instance, instead of opening five requisitions with the same title, level, requirements, etc., can we just open one requisition with five openings? The latter options would obviously help with recruiter load and help streamline the hiring process, but does it potentially enlarge the candidate pool and/or is it looked at unfavorably by the OFCCP in an audit?

Answered by Bill Osterndorf from HR Analytical Services:
OFCCP is perfectly happy to have large applicant pools where multiple candidates are hired into an applicant pool. It increases the chances there will be some kind of disparity involving members of a protected classification, which is one of the things that OFCCP seeks during compliance reviews.

There is no OFCCP rule that says companies can't hire multiple candidates into one requisition. Thus, in your example above, you can hire five individuals into the same requisition. However, good practice says that if you're going to hire more than one individual into a requisition, the qualifications for each position should be exactly the same, and all candidates hired into the requisition must meet the qualifications associated with that requisition. In your example, you indicate that individuals would be hired into the same title and level with the same requirements. Thus, hiring multiple people into this requisition may make sense. However, be aware that if you have four persons hired into exactly the same position and a fifth person who is hired into a slightly different position, you may need to spend many hours justifying why the fifth individual was hired into a different position.

In considering whether to hire multiple people into one requisition, there are factors other than the ones you name above that may be important to consider. One of these factors is timing. If you recruit and hire three people in winter, and then recruit and hire two more individuals in fall, you may effectively have two separate applicant pools. Location is also important. If you have five of the exact same openings, but two are in Dallas and three are in Boston, you may effectively have two separate applicant pools. There are other factors that may affect whether your applicant pools are, in fact, identical for your openings within a requisition.

I hope this is helpful. Best of luck with your openings.

2017 VETS-4212 Reporting is Open

The filing season for the VETS-4212 2017 reporting cycle is now open, with a deadline for submission dated September 30, 2017. You can find detailed rules and regulations on the Department of Labor website.

Proposed Bill Narrows the Definition of Joint Employment

A bill known as the “Save Local Business Act” (H.R. 3441) has been introduced to the House of Representatives, which seeks to clarify the treatment of two or more employers as joint employers under the Fair Labor Standards Act (FLSA) and the National Labor Relations Act (NLRA). If passed, the bill will impose stricter guidelines on what constitutes “joint employment” and require that there is direct, actual, or immediate control over the terms and conditions of employment, for joint employment to exist.

DOL Submits a Request for Information on the Overtime Rule

On Wednesday, July 26, the U.S Department of Labor (DOL) published a formal Request for Information (RFI) regarding the overtime rule, giving the public an opportunity to offer comments and suggestions on a number of details. This RFI seeks feedback on the duties test, various salary test and salary level items, bonus and incentive inclusions, and cost-of-living matters. Responses to the RFI will help the DOL create a new proposal for revising the regulations. Individuals have until September 25, 2017 to comment and can submit their feedback electronically at

USCIS Issues Revised I-9 Form

The United States Citizenship and Immigration Services (USCIS) released an updated version of the Form I-9 used to verify an individual’s identity and eligibility to work in the U.S. The form applies to citizens and noncitizens alike. The modifications to the existing form are minor, including areas for additional information and slight changes in language. Employers need to use the latest form by September 17, 2017 or risk paying increased penalties for noncompliance.

Read more DOL Highlights throughout the month for timely updates.
Industry Liaison Group - Join Today

The National Industry Liaison Group (NILG) is the nation’s premier employer association on affirmative action and equal employment opportunity.

The NILG’s mission is to promote affirmative action, equal employment opportunity, and diversity by working closely with the Office of Federal Contract Compliance Programs (OFCCP), Equal Employment Opportunity Commission (EEOC), related administrative agencies, and local and regional ILGs to:
  • Advocate the positions and viewpoints of their constituents
  • Comment and provide feedback on regulatory and legislative initiatives
  • Educate their constituents on developments regarding equal employment opportunity, affirmative action, and related regulatory changes

Map of ILG Regions

The NILG Board supports approximately 61 ILGs, which are comprised of small, mid-size, and large federal contractors and employers across the country and in every Department of Labor (DOL) region. Updates on DOL, OFCCP, and EEOC initiatives are shared at local ILG meetings throughout the year as well as at the NILG conference held annually each summer.

Federal contractors are invited to join your local ILG. Find out more using the links below.

Mid-Atlantic Region
Midwest Region
Northeast Region
Pacific Region
Southeast Region
Southwest Region
Contact Us
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.