The Job Accommodation Network (JAN) is a free consulting service for workplace accommodations and compliance with the employment provisions of the Americans with Disabilities Act (ADA). Last year we provided consulting services to over 47,000 customers, mainly employers and employees with disabilities. Hearing from both sides of the accommodation process enables us to follow national trends and also helps us identify barrie...

The Trump Administration's Office of Federal Contract Compliance Programs (OFCCP) and its Director, Craig Leen, resurrected the Compliance Check in 2019 – what's known in some circles as a compliance evaluation 'light.' A Compliance Check is a tool that OFCCP asserts it will use to determine whether a federal contractor or subcontractor has maintained required records related to affirmative action compliance....

As federal contractors, academic institutions are responsible for abiding by the regulations enforced by the Office of Federal Contract Compliance Programs (OFCCP), which include taking affirmative action with respect to employment. The additional challenge for academic institutions is implementation of affirmative action in admissions. This is under the jurisdiction of the Department of Education’s Office of Civil Ri...

As Foley and Lardner reported recently, on April 29, 2019, the U.S. Department of Labor (DOL) issued an opinion letter clarifying its stance on the classification of workers in the gig economy. The letter provided good news to those who contract with workers in the 'gig economy,' concluding, based on the facts provided, that with respect to the specific company that solicited the letter, its workers would be properly classi...

In the prior articles in this series, we concluded that the Supreme Court's pattern or practice holdings in Wal-Mart Stores, Inc. v. Dukes, 564 U.S. 338 (2011), provide important guardrails applicable to OFCCP enforcement actions. The last installment examined the Supreme Court's specific holdings regarding allegations of a pattern or practice of disparate treatment. Here, we will consider the Supreme Court's ho...

According to the latest report from the Department of Defense, there are more than 50,000 active duty military service men and women in the state of South Carolina. Of those, 10 percent will leave the military each year. But will they stay in South Carolina? Additionally, 240,000 will separate from the military outside of South Carolina. And we certainly want them to relocate here. So what can employers do to attract vetera...

96 The OFCCP Digest is a complimentary resource for federal contractors on topics of Affirmative Action, EEO, and government compliance....

Over 3,500 contractor locations will be receiving scheduling letters according to the fiscal year (FY) 2019 Corporate Scheduling Announcement Letter (CSAL) list that the Office of Federal Contract Compliance Programs (OFCCP) published in its Freedom of Information Act (FOIA) Library on March 25, 2019. In addition to the anticipated compliance reviews by OFCCP, contractors should be aware of another concern, often overlooked...

In the prior article in this series, we concluded that the Supreme Court’s pattern or practice holdings in Wal-Mart Stores, Inc. v. Dukes, 564 U.S. 338 (2011), provide important guardrails applicable to OFCCP enforcement actions. The Supreme Court has addressed substantive discrimination standards under Title VII relatively infrequently, and, when it does, its holdings are quite consequential. In Dukes, the Supreme...

On the face of it, missing data seems more of a mundane nuisance than a problem. This is particularly the case with applicants' voluntary self-reporting of race and gender data. Based on our experience, however, missing data is one of the most overlooked threats to AAP compliance. Unfortunately, most contractors do not realize this until they are deep in the middle of an OFCCP audit. The goal of this article is to help...