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Article

Using Tests in the Employment Process

What is a test? While we commonly think of tests as either a series of questions to be answered and scored or a set of actions to be performed and...

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Article

The Fox OFCCP Report

August 2012 The Strange Case of Hawaii and Puerto Rico: Or, Where to Affirmative Action? By convention and practice (not by Executive Order, statute, regulation or guideline), OFCCP has never...

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Article

The Inherent Flaws in Availability Analyses

From the advent of the eight-factor analysis, availability analyses have been a central part of all federal affirmative action plans. The U.S. Department of Labor's Office of Federal Contract Compliance...

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Article

The Daunting Task of Recordkeeping in Today’s Compliance Environment

Recruitment and hiring processes are changing, and they are changing fast. Similar to how fast the internet changed public lives in the 1990’s, elaborate internet tools such as social media,...

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Article

My Conversation with OFCCP Director Shiu about “Good Jobs For Everyone”

Secretary Hilda Solis' vision of "Good Jobs For Everyone" was articulated in the Department of Labor's Strategic Plan for the years 2011 to 2016. All of the agencies within the...

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Article

Enterprise Wide OFCCP Compliance Enforcement

The concept of enterprise-wide enforcement has been around in one form or another for years at OFCCP. In the late nineties it took the form of "global agreements," in the...

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Article

Invitation to Self-Identify

As a part of the data collection and record-keeping requirements under the federal government's affirmative action regulations, federal contractors and subcontractors are obligated to collect race/ethnicity and gender information from...

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Article

The Fox OFCCP Report

July 2012 What To Do in an Uncertain World...As the World Turns at OFCCP Business demands predictability and abhors uncertainty. General Counsels want to know "likely outcomes" and timetables. Vice...

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Article

An Insider’s View of Negotiation with OFCCP

Most OFCCP allegations are resolved through negotiation. Negotiations at the agency level usually end in a signed conciliation agreement. The purpose of this article is to walk you through the...

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