Volume 4, Issue 9
The OFCCP Digest Local JobNetwork The OFCCP Digest Melissa Speer and Bradley Anderson Cara Crotty, Esq. Sandra Zeigler, Esq. Carla Irwin, Esq.
Not Just New But Improved: OFCCP’s Expectations for the New Regulations
by Melissa Speer and Bradley Anderson

What a difference a year makes! This time last year, there was some concern and anxiety in the contractor community about the impact of proposed new Section 503 and VEVRAA regulations. Although there are still concerns out there, we noticed a positive change in the air about the regulations at this year’s National Industry Liaison Group (NILG) annual conference. Yes there are still some issues to work through and we acknowledge that at OFCCP. Yet at the same time, we witnessed many great ideas emerge at the NILG conference... more

Melissa Speer Melissa L. Speer is currently the Regional Director for the Southwest and Rocky Mountain Region (SWARM) of... more

Bradley Anderson Bradley A. Anderson became the director of the U.S. Department of Labor’s Office of Federal Contract... more

Dazed & Confused: What’s a Federal Contractor To Do?
by Cara Crotty, Esq.

With five executive actions in seven months, President Obama has increased the pressure on federal contractors and their already over-burdened staff. Let me give you the quick low-down on the President’s recent actions, the status of the changes for contractors, and.... more

Cara Crotty, Esq. Cara Crotty, Esq. is a partner at Constangy, Brooks & Smith, LLP who has defended employers in cases involving every aspect of the employment relationship, including claims such as sexual, racial, age, and disability... more

New OFCCP Directive on Transgender and Gender Identity Status
by Sandra Zeigler, Esq.

On August 19, 2014, OFCCP finally issued a Directive on Gender Identity and Sex Discrimination that clearly acknowledged that gender discrimination under Executive Order 11246 covers discrimination on the basis of transgender and gender identity status. Regular... more

Sandra Zeigler Sandra Scott Zeigler, Esq. is a recognized authority on Federal EEO enforcement with 25 years of experience divided equally between the EEOC and OFCCP. She was only the third OFCCP Executive... more

Technology: Affirmative Action Compliance Friend or Foe (Part 1)
by Carla Irwin, Esq.

Data is the foundation and a necessity to all things AA compliance. It can be something you get easily or it can become the bane of your AA existence. What is the difference between getting that data easily and it becoming a struggle? Technology. Now I don’t mean you... more

Carla Irwin, Esq. Carla Irwin, Esq. is the President of Carla Irwin & Associates, Inc. that specializes in Affirmative Action strategy, development, implementation, training and audit support for Federal Contractors... more

President Obama signed Executive Order 13665 on April 8, instructing the Secretary of Labor to propose a rule within 160 days to require pay transparency among federal contractors. The proposed rule...would amend the equal opportunity clauses in Executive Order 11246 to afford protections to workers who talk about pay. It would also add definitions for compensation, compensation information, and essential job functions, terms which appear in the revised clauses. The proposal also establishes two types of defenses that contractors can use against allegations of discrimination under EO 13665.

The rule was published in the September 17 issue of the Federal Register and is open for public comment for 90 days. Visit the OFCCP to learn more about the proposed pay transparency NPRM.

The Local JobNetwork™ connects employers with more than 16,000 organizations across the nation, known as community partners, to provide employment assistance to constituents in their communities. We value our partnerships, with organizations dedicated to construction/skilled trades, diversity, minorities, people with disabilities, state workforce agencies, universities and colleges, veterans, women, and more. This month, we highlight these noteworthy community partners:
  • Lifeworks Services provides services and fiscal support for adults with cognitive and physical disabilities, in an effort to foster personal growth and meaningful experiences. With several locations in Minnesota, Lifeworks helps persons with disabilities build relationships, share community, make contributions, and more.
  • The Northern Virginia Urban League is dedicated to empowering African Americans to enter the economic and social mainstream. The Urban League’s program services and advocacy help Northern Virginia African Americans achieve economic self-reliance, parity, and civil rights.
  • Lone Star Veterans Association, based in Texas, is devoted to helping returning veterans make a successful transition to civilian life. The organization’s programs aim to prevent veteran unemployment, substance abuse, family challenges, homelessness, crime, and suicide.
Visit LocalJobNetwork.com to find community partners in your area.

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OFCCP Compliance
Unemployment Status Discrimination and OFCCP Enforcement  Practical Issues for LGBT Enforcement
President Obama recently issued an amendment to Executive Order 11246 which added the verbiage of "sexual orientation" and "gender identity" to the language, broadening the protected bases in that order. While the Department of Labor has been directed to prepare regulations, many questions and concerns are raised with these additions. Sandra Scott Zeigler, Esq., sheds light on this topic, as well as detailing some of the potential issues that this order could create.

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The OFCCP Digest is a complimentary resource for those who do business with the Federal government. Industry leaders throughout the country share their expertise on a range of topics including affirmative action, equal employment opportunity, and government compliance.

We hope you find the information in this newsletter helpful. To subscribe to The OFCCP Digest, send your email address to OFCCPDigest@localjobnetwork.com as well as your comments and feedback.

The opinions expressed in this newsletter are the opinions of the individual author(s) and do not necessarily reflect the opinions of the Local JobNetwork™. The information appearing in this newsletter is meant to provide the reader with a general understanding of topics relating to OFCCP compliance requirements and is not legal advice. If you are seeking legal advice to address OFCCP compliance issues or requirements, you should consult an attorney. The Local JobNetwork™ expressly disclaims all liability with respect to actions taken or not taken based on any or all of the contents of this newsletter.