The long-awaited, much anticipated new Directive on OFCCP's compensation analysis methodology has finally arrived … but for those contractors hoping for radical reform, the unfortunate news is there will be little change in the Agency's approach to compensation evaluations. For that reason, Directive 2018-05 – 'Analysis of Contractor Compensation Practices During a Compliance Evaluation' (issued Augus...
The OFCCP has now released a total of seven (7) directives in 2018. With the intent of alleviating the gap between the agency's enforcement and the federal contractors' compliance obligations, the OFCCP held town hall and stakeholder meetings in the latter part of 2017 and in the first quarter of 2018. In those meetings, the OFCCP listened to, discussed with, and assured the federal contracting community of a more...
Author’s note: Pay equity and pay equity analyses are a complex and nuanced issue, and context matters. Employers should always consult with legal counsel prior to engaging in any proactive pay equity studies and conduct those analyses under the attorney-client privilege.
As part of their obligation to 'evaluate compensation system(s) to determine whether there are gender-, race-, or ethnicity-based disparities'...
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...
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...