OFCCP Training Schedule

The OFCCP offers free training on various subjects.  They recently published their training schedule for their new fiscal year, which you’ll find below.

Office of Federal Compliance Programs Columbus District Office FY 2013 Compliance Assistance Seminar Schedule

Please note: The Compliance Assistance Seminars will be held at The Bricker Federal Building, 200 N. High Street, Columbus, OH 43215

 

Date Time

 

 

 

Topic

 

 

 

Wednesday, October 17, 2012

 

 

10:00 AM

 

 

Women in Nontraditional Jobs/ The Complaint Process

 

 

Thursday, October 25, 2012

 

 

10:00 AM

 

 

Developing Written Affirmative Action Programs/ Workplace Accommodations

 

 

Friday, November 02, 2012

 

 

10:00 AM

 

 

Analyzing Personnel Activity Data/ Internet Applicant Recordkeeping Rule

 

 

Wednesday, November 14, 2012

 

 

10:00 AM

 

 

What to expect during an OFCCP Audit/ OFCCP Regulatory Update

 

 

Thursday, December 06, 2012

 

 

10:00 AM

 

 

Construction Requirements

 

 

Friday, December 14, 2012

 

 

10:00 AM

 

 

Women in Nontraditional Jobs/ The Complaint Process

 

 

Wednesday, January 09, 2013

 

 

10:00 AM

 

 

Developing Written Affirmative Action Programs/ Workplace Accommodations

 

 

Thursday, January 24, 2013

 

 

10:00 AM

 

 

Analyzing Personnel Activity Data/ Internet Applicant Recordkeeping Rule

 

 

Friday, February 08, 2013

 

 

10:00 AM

 

 

What to expect during an OFCCP Audit/ OFCCP Regulatory Update

 

 

Wednesday, February 20, 2013

 

 

10:00 AM

 

 

Construction Requirements

 

 

Thursday, March 07, 2013

 

 

10:00 AM

 

 

Women in Nontraditional Jobs/ The Complaint Process

 

 

Friday, March 22, 2013

 

 

10:00 AM

 

 

Developing Written Affirmative Action Programs/ Workplace Accommodations

 

 

Wednesday, April 03, 2013

 

 

10:00 AM

 

 

Analyzing Personnel Activity Data/ Internet Applicant Recordkeeping Rule

 

 

Thursday, April 18, 2013

 

 

10:00 AM

 

 

What to expect during an OFCCP Audit/ OFCCP Regulatory Update

 

 

Friday, May 03, 2013

 

 

10:00 AM

 

 

Construction Requirements

 

 

Wednesday, May 15, 2013

 

 

10:00 AM

 

 

Women in Nontraditional Jobs/ The Complaint Process

 

 

Thursday, June 06, 2013

 

 

10:00 AM

 

 

Developing Written Affirmative Action Programs/ Workplace Accommodations

 

 

Friday, June 21, 2013

 

 

10:00 AM

 

 

Analyzing Personnel Activity Data/ Internet Applicant Recordkeeping Rule

 

 

Wednesday, July 10, 2013

 

 

10:00 AM

 

 

What to expect during an OFCCP Audit/ OFCCP Regulatory Update

 

 

Thursday, July 25, 2013

 

 

10:00 AM

 

 

Construction Requirements

 

 

Friday, August 09, 2013

 

 

10:00 AM

 

 

Women in Nontraditional Jobs/ The Complaint Process

 

 

Wednesday, August 21, 2013

 

 

10:00 AM

 

 

Developing Written Affirmative Action Programs/ Workplace Accommodations

 

 

Thursday, September 05, 2013

 

 

10:00 AM

 

 

Analyzing Personnel Activity Data/ Internet Applicant Recordkeeping Rule

 

 

Friday, September 20, 2013

 

 

10:00 AM

 

 

What to expect during an OFCCP Audit/ OFCCP Regulatory Update

 

 

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2010 Census Data

A key component of an affirmative action plan is the census data used to determine the population qualified for a contractor’s jobs. Currently, we are still using 2000 census data to prepare plans.

The data that will be used to prepare future AAPs will not be data from the U.S. census. Instead, employment information was collected by the American Community Survey (ACS) administered by the Census Bureau. The ACS is conducted every year to provide up-to-date information about the social and economic needs of our communities. The ACS shows how people live—education levels, housing, jobs and more. This information, in turn, aids in deciding where to build new schools, hospitals or emergency services.
The ACS asks about age, sex, race and veteran status, and includes questions about where people work and how they get to work. The information will be summarized using new 2011 ACS occupation codes. These 4-digit codes will be similar to the Standard Occupation Classification (SOC) 2000 codes (3-digit codes) with expanded codes for information technology, healthcare and human resources categories. Like the census data, the final version of the ACS data is anticipated to be released soon.

We will learn more when the data is released but you should be prepared for changes from the 2000 census to the American Community Survey data and revised, expanded occupation codes.

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Advice About OFCCP Audits – From Those Who Have Been There

Here is some more advice in our series of posts from government contractors who recently went through an OFCCP audit.

Government Contractor #1
“My advice would be to be very flexible with your time. When I had requests from the auditor, everything else stopped. Or, I would work on my regular tasks during the normal work hours and then work on the audit requests in the evening or vice versa. I would also recommend speaking with your in-house and/or outside counsel on what to specifically provide. My struggle was either to provide very limited info or too much info. I wanted to provide limited info but that may have led to more questions from the auditor. Or, I wanted to provide too much information and that would open me up to more questions/requests from the auditor. My audit lasted 6 months. Therefore, patience is key during this process.”

Government Contractor #2
“My advice would be to respond timely to their requests for information, and provide enough documentation to answer any unspoken questions they may have. I found by adding comments as to why things were a certain way, it answered potential questions before asked; and maybe also prevented an on-site audit.”

If you’d like additional advice, or if you have questions about what to expect in an audit, ERA can help. Call us at 1-888-237-9554.

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Recent Information from the OFCCP

Here are a few items of note that we recently heard from the OFCCP:

• There is no update about when the initiatives regarding Veterans and Disabled will be issued.
• There will be more audits from the Columbus office in 2013.
• The audits are reaching more contractors that haven’t been audited before.
• Audits will no longer be issued in big batches. Audit letters are going out when compliance officers have the time to begin more audits, so the letters are being sent in smaller numbers on a more
regular basis.

If you need assistance with your Affirmative Action Plan, we can help! Call Employers Resource Association at 1.888.237.9554

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EEO-1 AND VETS REPORTING DEADLINE FAST APPROACHING

EEO-1
If you are an employer with 100 or more employees, or if you’re a government contractor required to prepare a written Affirmative Action Plan, you’re also required to file the Employer Information Reports, otherwise known as the EEO-1.
This report is required to be filed with the U.S. Equal Employment Opportunity Commission’s EEO-1 Joint Reporting Committee. The filing deadline for the 2012 EEO-1 Survey is September 30, 2012.
The preferred method for completing the EEO-1 reports is the web-based filing system. Online filing requires you to log into your company’s database with a Login ID and Password. All companies should receive EEO-1 filing materials by mail no later than mid August 2012. If you cannot locate your Login ID and/or Password, contact the EEO-1 Joint Reporting Committee at e1.lostloginpassword@eeoc.gov.

VETS 100 and VETS 100A
Some federal contractors and subcontractors are required each year to report the number of employees in their workforces, by job category and hiring location, who are qualified covered veterans, and the number of new hires during the reporting period who are qualified covered veterans by filing a VETS 100 or a VETS 100A, according to the following guidelines:
• Federal government contractors and subcontractors with a contract of $25,000 or more, entered into before December 1, 2003 must file the VETS-100. However, if this contract has been modified since December 1, 2003 in the amount of $100,000 or more, the VETS-100A must be filed instead.
• Federal government contractors and subcontractors with a contract of $100,000 or more entered into on or after December 1, 2003 must file the VETS-100A. Depending on when the contracts were signed and the amount of the contracts, an employer may need to file both the VETS-100 and the VETS-100A.
Like the EEO-1, the deadline for this reporting is September 30. You can find more information about the VETS-100 and VETS-100A rules and regulations, frequently asked questions and other assistance on the Department of Labor’s website at http://www.dol.gov/vets/vets-100.html.

If you have any questions or concerns regarding VETS-100 or VETS-100A reports you can contact us, or the VETS-100 customer support line at 1-866-237-0275

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August 1 Event to Help Implement Employment Practices for People with Mental and Physical Disabilities

Below is an important and helpful event from the Cincinnati Chamber of Commerce.

Greetings:

I would like to invite you to join us for a very important program.

On August 1 the Chamber is presenting, “Unlock Your Competitive Advantage: Tapping People with Different Abilities.” This program will feature a panel of business leaders sharing the importance of, and best strategies to implement employment practices for people with mental and physical disabilities across various industries.

As veterans with significant disabilities return home, they are expecting and looking forward to returning to the workforce. This program will share a roadmap of common and unique steps necessary to implement employment practices to provide these returning heroes with the employment opportunities they deserve regardless of the size of your company.

Please plan to join us for this timely and important program, and feel free to share this invitation with others.

Thanks

Unlock Your Competitive Advantage: Tapping Talent with Different Abilities
Wednesday August 1, 2012 – 8:15 am – 9:30 am
Cincinnati USA Regional Chambers
Cost: $35.00 members and nonmembers
Call 579-3111 to register

Panelists
Chris Moranda, OhioHealth Associate Health & Wellness Manager and President of The Ohio Business Leadership Network Board of Directors
Mike Gartner – Procter & Gamble Professional Finance and P&G’s People with Disabilities Affinity Group
Mitch Morgan – Fifth Third Bank, Assistant Vice President Talent Supply and Leadership Development Program Manager

Moderated by James Clinkscale, Diversity & Inclusion Manager, Ohio Rehabilitation Services Commission

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Do You Do Pre-Employment Testing?

This OFCCP press release describes the findings of the Agency during an audit and subsequent consent decree where the OFCCP found that a pre-employment test had adverse impact on applicants. Where adverse impact exists, companies must have the tests statistically validated for their specific company and job.

US Labor Department settles charges of hiring discrimination with federal contractor Leprino Foods
Agreement includes $550,000 in compensation for more than 250 job applicants who are African-American, of Asian or Hispanic descent
LEMOORE, Calif. — The U.S. Department of Labor’s Office of Federal Contract Compliance Programs has entered into a consent decree with Leprino Foods Inc. to resolve charges of systemic hiring discrimination at the company’s Lemoore West facility. The consent decree, signed today by an administrative law judge with the Labor Department, settles OFCCP’s allegations that Leprino Foods’ use of a pre-employment test called WorkKeys to select hires for on-call laborer positions resulted in discrimination against African-American job applicants and applicants of Asian and Hispanic descent.
“I am pleased that we were able to reach a fair settlement in this matter,” said OFCCP Director Patricia Shiu. “While employers can and should hire the most qualified workers for the job, they cannot create artificial barriers to employment that unfairly block any individual from competing for good jobs.”
OFCCP determined that Leprino Foods violated Executive Order 11246, which prohibits federal contractors and subcontractors from discriminating on the bases of race, color, religion, sex and national origin in their employment practices. The agency made its findings after a scheduled compliance review in which OFCCP investigators conducted interviews, analyzed company data and reviewed documents provided by the company. Through this review, OFCCP discovered that the administration of the WorkKeys exam had an adverse impact on minority job applicants for these specific positions. The agency further determined that the exam was not job-related, as it tested applicants’ skills in mathematics, locating information and observation — skills that are not critical to the entry-level tasks performed by on-call laborers, such as inspecting products, monitoring equipment and maintaining sanitation at the facility.
Under the terms of the consent decree, Leprino will pay $550,000 in back wages, interest and benefits to 253 minority workers who were rejected for on-call laborer positions between January 2005 and October 2006 because they failed the WorkKeys exam. Additionally, the company has agreed to discontinue use of the test for this purpose, hire at least 13 of the original class members, undertake extensive self-monitoring measures and immediately correct any discriminatory practices.
Leprino Foods is one of the largest producers of mozzarella cheese in the world and is based in Denver, Colo. Since 2005, the company has received contracts totaling nearly $50 million from U.S. Department of Agriculture’s Farm Services Agency to provide mozzarella and other dairy products to the federal government.

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