This article originally appeared in the January 2013 edition of the LocalJobNetwork "OFCCP Digest." It is the first of a two part series.
Part 1 - The Rule Regarding Applicant Data
Most of the recent discussion about affirmative action compliance reviews by the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) tends to focus on two areas: (1) OFCCP’s investigation of possible compensation discrimination by federal contractors and subcontractors, and (2) issues concerning veterans and persons with disabilities, especially in regard to outreach to find members of these two groups. There is no question that these two areas have been priorities for OFCCP. Yet, the majority of the back pay settlements growing out of affirmative action compliance reviews still involve hiring disparities, especially in entry-level positions. A quick look at OFCCP’s website (http://www.dol.gov/ofccp) as of mid-January in 2013 substantiates this. Three recent press releases reported on OFCCP’s website show that companies paid between $300,000 and $439,000 to groups of minorities or females applying for entry-level jobs, and there are no recent press releases concerning compensation settlements or problems involving veterans and persons with disabilities.
Part 1 - The Rule Regarding Applicant Data
Most of the recent discussion about affirmative action compliance reviews by the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) tends to focus on two areas: (1) OFCCP’s investigation of possible compensation discrimination by federal contractors and subcontractors, and (2) issues concerning veterans and persons with disabilities, especially in regard to outreach to find members of these two groups. There is no question that these two areas have been priorities for OFCCP. Yet, the majority of the back pay settlements growing out of affirmative action compliance reviews still involve hiring disparities, especially in entry-level positions. A quick look at OFCCP’s website (http://www.dol.gov/ofccp) as of mid-January in 2013 substantiates this. Three recent press releases reported on OFCCP’s website show that companies paid between $300,000 and $439,000 to groups of minorities or females applying for entry-level jobs, and there are no recent press releases concerning compensation settlements or problems involving veterans and persons with disabilities.
