How to Set Priorities for an OFCCP Review
Part 2 – Specific Priority Areas
Several articles in the August 2013 edition of The OFCCP Digest will discuss what was learned from the recent National Industry Liaison Group (NILG) conference that was held in July in Indianapolis. While the conference was useful and interesting, it had very little effect on the basic premise of this two-part series of articles. We suggested in part 1 of this series that companies should pay special attention to situations where OFCCP might find discrimination, and especially those situations involving entry-level hiring where OFCCP has historically been most likely to find discrimination. We also suggested that OFCCP currently has an interest in how employees are paid and in issues concerning veterans and persons with disabilities. In this article, we’ll discuss a number of specific items that should be priorities for all federal contractors and subcontractors.
One of the things that occurred during the time of the NILG conference was that OFCCP delivered to the Office of Management and Budget (OMB) a final version of OFCCP’s revisions to its regulations concerning veterans and persons with disabilities. We have no idea when (or if) OMB will release these regulations and we have no idea how the final version of the regulations differs from the proposals OFCCP issued in 2011. However, if these regulations are released by OMB, it is possible this will impact how federal contractors and subcontractors should set priorities. This conforms to the idea we expressed in part 1 of this series that companies should remain aware of OFCCP’s current focus areas. On the other hand, even if there are dramatic changes to the regulations concerning veterans and persons with disabilities, companies should continue to give top priority to issues involving hiring until we know with certainty that OFCCP will no longer focus so intensely on this issue.
Giving attention to issues involving hiring should generally be a company’s top priority in preparing for an OFCCP review. However, there are many different items that are associated with the hiring process that may require attention. Here are some of the key items that should be among a company’s priorities.
While items involving hiring may be the most important for a company to examine in preparing for an OFCCP review, there are other items that should receive some attention. Based on OFCCP’s current focus areas and the agency’s behavior during compliance reviews, we believe the following should be among a company’s next priorities.
Setting priorities in preparing for an OFCCP compliance review is not a simple matter. Each company’s circumstances are different and every compliance review has its unique qualities. However, by understanding OFCCP’s focus areas and using these areas to establish priorities, companies have a better chance at having a successful compliance review.
For more thoughts on how to establish priorities in preparation for an affirmative action compliance review, contact Bill Osterndorf at [email protected].
Please note: Nothing in this article is intended as legal advice or as a substitute for any professional advice about your organization’s particular circumstances. All original materials copyright © HR Analytical Services Inc. 2013