Archive for the ‘Affirmative Action News’ Category

OFCCP budget increases announced for 2010

The Department of Labor has announced their 2010 budget and the OFCCP has been identified to receive an increase of more than $25 million dollars to enhance their already aggressive enforcement strategies. Included in the budget is the addition of more than 200 full time employeees and a new case mamagement system. See the excerpt below for details.

Secretary Hilda L. Solis unveils U.S. Department of Labor’s budget for fiscal year 2010. View the news brief:
http://www.dol.gov/opa/media/press/oasam/OASAM20090489.htm

View the entire budget brief:
http://www.dol.gov/dol/budget/2010/PDF/bib.pdf

Excerpt from the Budget in Brief regarding the OFCCP budget increase:

“The Office of Federal Contract Compliance Programs (OFCCP) has the responsibility of ensuring that employers doing business with the Federal Government comply with the Equal Employment Opportunity (EEO) and affirmative action provisions of their contracts. The OFCCP administers and enforces three EEO programs: Executive Order 11246; Section 503 of the Rehabilitation Act of 1973; and the affirmative action provisions of the Vietnam Era Veterans’ Readjustment Assistance Act of 1974.

The OFCCP carries out its responsibilities by: (1) offering technical assistance to Federal contractors and subcontractors to help them understand the regulatory requirements and review process; (2) conducting compliance evaluations and complaint investigations of Federal contractor and subcontractor personnel policies and procedures; (3) obtaining Conciliation Agreements from contractors and subcontractors who are in violation of regulatory requirements; (4) monitoring contractors and subcontractors progress in fulfilling the terms of their agreements through periodic compliance reports; (5) forming linkage agreements between contractors and Labor Department job training programs to help employers identify and recruit qualified workers and recommend enforcement actions to the Solicitor of Labor.

The FY 2010 budget request includes a program increase of $25,600,000 to fund 213 FTE and a new case management system. The additional FTE will support enforcement and outreach efforts related to compensation. Given the complexities of new procedures outlined in the two federal register notices – Interpreting Nondiscrimnation (Standards) and Voluntary Guidelines for Requirements of Executive Order (guidelines), OFCCP needs to place additional emphasis on outreach and training, as well as improving the various approaches and investigative techniques used to evaluate compensation. In addition, the program increase will also support litigation to amplify enforcement activities by funding external experts to verify OFCCP’s allegations and assessments to solidify its commitment to strong enforcement.
In FY 2008, OFCCP made total financial settlements of $67,510,892 in back pay and annualized salary and benefits for a record 24,508 American workers who had been subjected to unlawful employment discrimination. This marks the fourth consecutive year that OFCCP has posted record enforcement numbers.”

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September 21, 2009   Posted in: Affirmative Action News  Comments Closed

Utilizing OFCCP Pre-Award Registry to Check for Audit Closures

While attending a recent ILG meeting, Biddle Consulting Group participated in a discussion about the National Pre-Award Registry found on the OFCCP website. The registry allows companies to search for audits that were closed and the contractor was found to be in compliance. In the link below, there is a search function at the bottom where users can type in a company name and if they have any closed audits within the last two years they will be listed. This can be a handy tool for Federal Contractors since audit status is sometimes unknown. Be aware that not all audits appear on this list. For example, administrative closures and audits that are closed because there are no initial indicators of problem areas MAY NOT appear on the list because the associated closure letter indicates that the audit was closed BUT that the contractor was not issued a letter of compliance.

This Registry can be viewed in one of two formats:

There is a search function that allows users to search the Registry (in ascending or descending order) using the Name of the Contractor Facility; and
Users can download the entire Registry (about 1 Mb) to their computer. Once downloaded, this information can then be imported into any word processor, spreadsheet, or database software package.

See link below:

http://www.dol-esa.gov/preaward/pa_reg.html

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September 21, 2009   Posted in: Affirmative Action News  Comments Closed

How to approach a Reduction in Force (RIF)

by Patrick Nooren Ph.D.
EVP Biddle Consulting Group

Reductions in Force (RIFs)

Given the current state of the economy it’s understandable that many organizations are turning to reductions in force as a way to reduce costs. With this said, it’s important for those same organizations to understand that just like any other employment decision that impacts the terms or conditions of employment, if RIF decisions disproportionately impact a protected group of employees, the rationale behind those decisions must be “job-related for the position in question and consistent with business necessity.” In other words, valid. As an alternative, many organizations are choosing to avoid legal scrutiny altogether (at least for a systemic, disparate impact argument) by simply avoiding RIF decisions that disproportionately impact protected group members. They do so by conducting preliminary “what if” analyses comparing the retention rates of different groups (e.g., men/women, whites/minorities,

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September 21, 2009   Posted in: Affirmative Action News  Comments Closed

NEW! BCGi Advanced EEO Compliance Series

NEW! BCGi Advanced EEO Compliance Series

The Biddle Consulting Group Institute for Workforce Development (BCGi) will be presenting a series of webinars covering EEO and Affirmative Action compliance. This series will go beyond the basics of OFCCP compliance topics and methodology as it relates to topics such as audit strategies, compensation analysis, test validation, selection strategies, EEO statistics, and how recent legislation affects the industry.

The Advanced EEO Compliance Series is a compilation of five (5) webinars. The registration fee for each webinar is $59 or $250 if you register for all five at the same time. Upon registering online, you will receive an email regarding the payment due. Registrants will receive a webinar access code when payment is received.

Biddle Consulting Group, Inc. is a HRCI approved provider.

SESSION ONE: Compensation Analysis and Recordkeeping in the Age of Ledbetter
May 6, 2009 | 10:00 a.m.-11:30 a.m. PDT
Register Online: https://www1.gotomeeting.com/register/593492837

The Office of Federal Contract Compliance Programs (OFCCP) continues to prevail against employers who fail to ensure that their selection and compensation practices are valid, fair, and consistently applied. The OFCCP continues to focus on bringing together highly competent statistical staff to assist them in their compliance oversight efforts.
With respect to compensation, the OFCCP relies on a multi-tiered approach with the goal of applying multiple regression wherever possible to determine whether differences in compensation are due to “legitimate” factors or may be evidence of discrimination.
As a result of the Lilly Ledbetter Fair Pay Act which was signed into law in January 2009, there is likely to be a significant increase in the scrutiny employers face with respect to their compensation practices. Employers should begin to plan and implement strategies to protect themselves and ensure that their compensation practices are fair and supportable.
Join Dr. Jim Higgins, Director of Compensation Analysis for Biddle Consulting Group and Dr. Patrick Nooren, Executive Vice President and Director of Equal Employment Opportunity for this informative webinar. You will learn about how to design, conduct, and interpret a multiple regression analysis of compensation, how to calculate the amount needed to eliminate disparities, record keeping requirements, and issues to consider when preparing for an OFCCP compensation audit.

SESSION TWO: EEO Statistics: Advanced Techniques For Ensuring Fairness And Regulatory Compliance
May 13, 2009 | 10:00 a.m.-11:30 a.m. PDT
Register Online: https://www1.gotomeeting.com/register/200722549

The Equal Employment Opportunity Commission (EEOC) and Office of Federal Contract Compliance Programs (OFCCP) have dramatically increased the level of scrutiny to which they expose employer workforce data. Due to the success they have had in winning damages and back pay by relying on advanced statistical analysis, this trend is certain to continue.
Employers, in order to both protect themselves as well as comply with the spirit of EEO, will greatly benefit from a thorough knowledge of the various statistical techniques applied to EEO analysis.
Join Dr. Patrick Nooren, Executive Vice President and Director of Equal Employment Opportunity for Biddle Consulting Group, and Dr. Jim Higgins, Director of Compensation Analysis for Biddle Consulting Group for this informative webinar. You will learn about the OFCCP’s analytical strategies for analyzing employer data, the specific statistical tests that should be applied to analyzing all phases of the hiring, promotion, and reduction in force process. You will learn about the strengths and limitations of each statistic, how to calculate them and how to interpret the findings. Finally, you will learn about strategies to help maintain a fair and productive workforce while reducing legal exposure.

SESSION THREE: Advanced Techniques for Developing and Validating Pre-Employment Tests: Effective Hiring Amidst the Economic Slowdown
May 20, 2009 | 10:00 a.m.-11:30 a.m. PDT
Register Online: https://www1.gotomeeting.com/register/438684906

Of all compliance-related fines levied by The Equal Employment Opportunity Commission (EEOC) and Office of Federal Contract Compliance Programs (OFCCP), the single largest source has been monies recouped from employers who were using invalid or discriminatory pre-employment tests. Employers can protect themselves by learning and applying the scientific techniques associated with test validation.
Join Dr. Jim Kuthy, Principal Consultant with Biddle Consulting Group, and Dr. Jim Higgins, Director of Compensation Analysis for Biddle Consulting Group for this informative webinar. You will learn about the legal framework associated with pre-employment testing, the current state-of-the-art in scientific thinking associated measuring job-related knowledge, skills and abilities, issues surrounding the development of job performance tests, and statistical techniques involved in test validation. This information will help employers improve the quality of their workforce while reducing legal exposure.

SESSSION FOUR: Advanced Techniques for Developing and Validating Pre-Employment Tests: Effective Hiring Amidst the Economic Slowdown
May 20, 2009 | 10:00 a.m.-11:30 a.m. PDT
Register Online: https://www1.gotomeeting.com/register/438684906

Of all compliance-related fines levied by The Equal Employment Opportunity Commission (EEOC) and Office of Federal Contract Compliance Programs (OFCCP), the single largest source has been monies recouped from employers who were using invalid or discriminatory pre-employment tests. Employers can protect themselves by learning and applying the scientific techniques associated with test validation.
Join Dr. Jim Kuthy, Principal Consultant with Biddle Consulting Group, and Dr. Jim Higgins, Director of Compensation Analysis for Biddle Consulting Group for this informative webinar. You will learn about the legal framework associated with pre-employment testing, the current state-of-the-art in scientific thinking associated measuring job-related knowledge, skills and abilities, issues surrounding the development of job performance tests, and statistical techniques involved in test validation. This information will help employers improve the quality of their workforce while reducing legal exposure.

SESSION FIVE: Advanced Audit Strategies: Preparing for the Worst
June 3, 2009 | 10:00 a.m.-11:30 a.m. PDT
Register Online: https://www1.gotomeeting.com/register/129016985

It has been said that “those who fail to plan, plan to fail.” One of the most effective things that an employer can do to ensure compliance with the letter and spirit of EEO legislation and to protect themselves from compliance-related legal exposure, is to plan for the possibility of an OFCCP compliance audit.
Join Chris Lindholm, EEO/AA Director at Biddle Consulting Group, and Dr. Jim Higgins, Director of Compensation Analysis for Biddle Consulting Group for this informative webinar. You will learn about the primary mistakes that employers make that result in OFCCP audits as well as specific strategies for both avoiding audits where possible and for dealing with them when they occur. You will also learn about changes that you should implement due to recent laws and court cases with will increase you chance of prevailing in employment-related litigation.

Sessions start soon, sign up today!
Contact: Angela Wiley
Phone: 1-916-294-4250 x172
E-Mail: awiley@biddle.com

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September 21, 2009   Posted in: Affirmative Action News  Comments Closed

Diversifying Your Job Posting

By: Chris Lindholm
Director

While most Federal contractors find time to reach out to the standard websites such as Monster or Dice.com in order to post jobs and find qualified applicants, it has now become very important for those same contractors to diversify their search and use lesser known resources to find not only qualified, but valuable employment candidates. While the primary motivation for any employer should be to find the best candidate, there is additional motivation to seek out options that allow a more diverse candidate pool to apply for a job. The Department of Labor is dramatically ramping up efforts through OFCCP audits to ensure that contractors are not just posting jobs to diverse sites, but that the contractor is tracking the results of those efforts. A token effort to post jobs on the non-mainstream sites is no longer good enough. Real efforts to post and track response rates at sites for Disabled and Veterans is being scrutinized heavily, so employers need to begin utilizing sites such as the ones cited below. They are organized and easy to use.

http://www.disaboomjobs.com

http://www.gettinghired.com

http://www.ccienterprises.org

http://www.earnworks.com/

Contractors can use Google and other search engines to find a site that will fit the needs of employers nationwide.

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September 21, 2009   Posted in: Affirmative Action News  Comments Closed

National ILG meeting coming in July

This year’s National ILG conference is being held in Atlanta, GA.

http://www.atlantailg.org/

BCG always recommends attending your local ILG as well as the national conference for an opportunity to network with other contractors that have EEO/AAP responsibilities. The national conference also provides a rare opportunity to hear about the latest EEO initiatives directly from the leaders at OFCCP.

A quote from the website:

“MAKE A DIFFERENCE in an economy where we have learned that partnerships
between employers and government agencies are the key to success.

EXPERIENCE THE DREAM of a diverse workforce where employees work
cohesively together and thrive in a successful environment.

Learn how to make both come true by attending the 27th Annual Industry Liaison Group
National Conference in Atlanta Georgia. No other employer association has a broader base
of constituents focused on EO/AA matters or a more successful partnership with
government agencies. Hundreds of the nation’s top human resource executives and
professionals from Fortune 500 companies and small businesses are expected to attend
this annual event.”

We will see you there!

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September 21, 2009   Posted in: Affirmative Action News  Comments Closed

FBI describes bomb plot involving terrorist suspect Zazi – Denver Post


MiamiHerald.com
FBI describes bomb plot involving terrorist suspect Zazi
Denver Post
This picture taken on September 17, 2009 shows an Afghan-born men, Najibullah Zazi, 24, arriving at the Byron G. Rogers Federal Building in downtown with his attorney Art Folsom (not pictured) in Denver, Colorado.
Terror Suspect Had Bomb Guide, Authorities SayNew York Times
Terrorism charges may mountDetroit Free Press
Terror suspect: 'Our phone call is being monitored'CNN International
The Associated Press –Newsday –Los Angeles Times
all 4,644 news articles »

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September 21, 2009   Posted in: Affirmative Action News  Comments Closed

OFCCP budget increases announced for 2010

The Department of Labor has announced their 2010 budget and the OFCCP has been identified to receive an increase of more than $25 million dollars to enhance their already aggressive enforcement strategies. Included in the budget is the addition of more than 200 full time employeees and a new case mamagement system. See the excerpt […]

Fair Usage Law

September 21, 2009   Posted in: Affirmative Action News  Comments Closed

Utilizing OFCCP Pre-Award Registry to Check for Audit Closures

While attending a recent ILG meeting, Biddle Consulting Group participated in a discussion about the National Pre-Award Registry found on the OFCCP website. The registry allows companies to search for audits that were closed and the contractor was found to be in compliance. In the link below, there is a search function at the bottom […]

Fair Usage Law

September 21, 2009   Posted in: Affirmative Action News  Comments Closed

How to approach a Reduction in Force (RIF)

by Patrick Nooren Ph.D.EVP Biddle Consulting GroupReductions in Force (RIFs)Given the current state of the economy it’s understandable that many organizations are turning to reductions in force as a way to reduce costs. With this said, it’s important for those same organizations to understand that just like any other employment decision that impacts the terms […]

Fair Usage Law

September 21, 2009   Posted in: Affirmative Action News  Comments Closed

NEW! BCGi Advanced EEO Compliance Series

NEW! BCGi Advanced EEO Compliance SeriesThe Biddle Consulting Group Institute for Workforce Development (BCGi) will be presenting a series of webinars covering EEO and Affirmative Action compliance. This series will go beyond the basics of OFCCP compliance topics and methodology as it relates to topics such as audit strategies, compensation analysis, test validation, selection strategies, […]

Fair Usage Law

September 21, 2009   Posted in: Affirmative Action News  Comments Closed

Diversifying Your Job Posting

By: Chris LindholmDirector While most Federal contractors find time to reach out to the standard websites such as Monster or Dice.com in order to post jobs and find qualified applicants, it has now become very important for those same contractors to diversify their search and use lesser known resources to find not only qualified, but […]

Fair Usage Law

September 21, 2009   Posted in: Affirmative Action News  Comments Closed

National ILG meeting coming in July

This year’s National ILG conference is being held in Atlanta, GA.http://www.atlantailg.org/BCG always recommends attending your local ILG as well as the national conference for an opportunity to network with other contractors that have EEO/AAP responsibilities. The national conference also provides a rare opportunity to hear about the latest EEO initiatives directly from the leaders at […]

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September 21, 2009   Posted in: Affirmative Action News  Comments Closed

FBI describes bomb plot involving terrorist suspect Zazi – Denver Post

MiamiHerald.comFBI describes bomb plot involving terrorist suspect ZaziDenver PostThis picture taken on September 17, 2009 shows an Afghan-born men, Najibullah Zazi, 24, arriving at the Byron G. Rogers Federal Building in downtown with his attorney Art Folsom (not pictured) in Denver, Colorado. …Terror Suspect Had Bomb Guide, Authorities SayNew York TimesTerrorism charges may mountDetroit Free […]

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September 21, 2009   Posted in: Affirmative Action News  Comments Closed


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