In prior articles in this series, published on November 17, 2017 and February 14, 2018, I proposed an evaluation of OFCCP's recent regulatory and enforcement positions through the lenses of the fundamental and perennial question, 'What is Law?' This review is timely because the new Administration is building its team and considering the regulatory and enforcement approaches to be implemented on its watch.
In the la...
This article discusses the trend by electronic applicant tracking systems to permit recruiters greater flexibility in moving applicants, who applied under one requisition, into a different requisition, so that the applicant may be considered for the same job at a later date or for other roles besides the one to which he or she applied. We disfavor that trend for government contractor employers subject to OFCCP's juris...
Last month, OFCCP announced it had sent 1,000 Courtesy Scheduling Announcement Letters (CSALs) to contractors to notify them that they would be audited by OFCCP in the near future, and as soon as March 19, 2018. As contractors who were on that CSAL list anxiously check their mail boxes for audit scheduling letters, it’s a good time to evaluate best practices for preparing audit submissions to OFCCP. But what can con...
The Office of Federal Contract Compliance Programs (OFCCP) adopted the Darden 1 factors in 2014, to assist federal contractors in determining whether certain types of employees should be included in a federal contractor's Affirmative Action Plan. While these factors do shed some light on determining whether someone is an employee or a contractor, it has limited application for positions held by students at academic in...
My job is to find community employment for adults with disabilities. I work for an agency in the Chicagoland suburbs and when talking with others about what I do, I frequently get asked, 'Why would your clients want to work? They receive disability benefits and don’t have to do anything for it.' This comment always troubles me. People with disabilities have hopes, dreams and goals for their future, just like anybody...
Adverse Impact (AI) analysis between two groups is simple and straightforward. Historically, Whites were considered the majority compared to all other groups, but today best practices dictate a closer look at all race groups. AI investigations become significantly more complex when there are two or more groups to analyze, such as the case with individual race (e.g., Asian, African-American, Hispanic, White). Specifically,...
On December 22, 2017, President Trump signed a sweeping tax bill (the 'Tax Cuts and Jobs Act' or 'Act') that overhauls much of the United States tax code and touches almost every section of the country's economy. Hidden within the more than 1,000 pages of the recently-passed GOP tax plan is a relatively small provision suddenly getting a lot of attention from employers and their counsel.
Section 13307 of the Act &n...
In my initial article, published on November 17, 2017, I proposed an evaluation of OFCCP's recent regulatory and enforcement positions through the lenses of the fundamental and perennial question, 'What is Law?' I outlined controversial positions taken under a different Administration, and the new Administration's consideration of the regulatory and enforcement approaches to be implemented on its watch. I also not...