OFCCP Director Craig Leen thinks the Agency has made good progress on implementing “the four pillars” but there is still work to be done.

Speaking this week in Florida, Director Leen shared accomplishments, and things to come, for each of the four tenants.  However, he noted he was not allowed to comment on the pending proposed changes to the scheduling letters.

Transparency

Referring to it as the “linchpin” of all of the pillars, Director Leen enumerated some of the item the Agency has done to be more transparent (e.g. publication of the scheduling methodology and posting of conciliation agreements) as well as discussed additional guidance and information soon to be released.

These items include Technical Assistance Guides for higher education, compensation and “at  least one other.”  He also previewed that the agency is working on an update to the FCCM (Federal Contractor Compliance Manual) to be released “hopefully soon.”

He also reiterated that OFCCP is putting out new FAQs to provide contractors with additional guidance, including new ones on apprenticeship programs, military spouses and use of the national interest exemption for contractors who are requested to provide services in response to natural disasters.  Director Leen has also been very transparent about his thoughts on the important of practical significance in addition to statistical significance and shared the agency will soon be releasing an FAQ addressing that topic as well.

Director Leen also indicated additional guidance for Focused Reviews will be coming – reiterating on-sites for the current round of Section 503 Focused reviews will not be scheduled before September.  He also confirmed the next round of audits will include VEVRAA focused reviews (evaluating the intersection of disability and veteran status) and then the Agency is planning to conduct focused reviews on organizations’ promotion processes, including promotions of individuals with disabilities.  Director Leen does not intend to target any specific industry, as has been reported, but plans to review across all industries.

Certainty

This second pillar “ties into transparency” and reflects the Rule of Law according to Director Leen.  For OFCCP that means engaging in the rulemaking process in the future, specifically TRICARE and religious exemptions in the near term, and “hopefully” something on PDNs and Notices of Violation.  Director Leen noted the absence of any mention in the regulations about the process before the issuance of a Show Cause.

He also spent time discussing the contractors request, and the need, for more guidance from the agency on compensation analyses, stating

If you don’t know how to put together a PAG [that will be acceptable to the Agency] there is no Rule of Law. . . If there is no clear guidance, how can you come into compliance in advance?

He hopes the forthcoming guidance from the agency will assist with certainty around this area.  Interestingly, Director Leen did not mention the Agency’s use of opinion letters.

Efficiency

Director Leen acknowledged he is focusing a lot on this pillar in FY2019, particularly in the area of resolving aged cases.  He believes aged cases disadvantage everyone involved, from contractors to the Agency but especially the employees.

Recognition

Finally, Director Leen reminded attendees that they Agency is working to develop recognition programs and invited feedback through the public comment process on the proposed programs.

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Photo of Laura A. Mitchell Laura A. Mitchell

Laura Mitchell is a principal in the Denver office of Jackson Lewis P.C. and leads the firm’s Workplace Analytics and Preventive Strategies Pay Equity subgroup. She partners with employers to evaluate, develop and implement policies and practices that ensure workplace fairness while mitigating…

Laura Mitchell is a principal in the Denver office of Jackson Lewis P.C. and leads the firm’s Workplace Analytics and Preventive Strategies Pay Equity subgroup. She partners with employers to evaluate, develop and implement policies and practices that ensure workplace fairness while mitigating legal risk. Laura is a guiding force in the firm’s most specialized and technical practice areas where she leverages an analytics-focused approach to partner with her clients in building legally compliant programs around which they can anchor their workplaces achieving productivity and stability.

Laura understands that creating a competitive advantage for employers in today’s workplace involves using a data-driven approach to counsel companies on the development of proactive and equitable non-discriminatory practices in hiring, promotions, separations and pay—and where advancements in technology can create both opportunities for efficiencies and risk that can be measured. Committed to putting her clients’ organizational goals first and foremost while balancing legal risk, Laura views herself as an extension of her clients’ team, responsible for providing proactive guidance and engaging in transparent, ongoing communication. Staying the course with employers across their organizational journey while balancing legal compliance obligations throughout their employees’ lifecycle ensures Laura’s position as a go-to resource.

Laura works with companies across all industries—both new and well-established multi-national organizations of all sizes—to realize the combined vision of legal compliance, increased productivity and economic growth enhanced by a focus on pay equity.  As part of the pay equity journey, she advises employers on the evolving pay transparency landscape, working to align compliant practices with the practical realities of the business world.

Laura partners closely with government contractors to understand, implement and demonstrate compliance with their EEO regulatory and compliance obligations. She also works closely with non-government contractor clients to conduct risk assessments of their programs, policies, and training to align with federal and state anti-discrimination requirements.

Laura is the editor and a principal contributor of the GovCon Employment Exchange blog and presents on pay equity and government contractor obligations. To round out her days, Laura enjoys spending time with her family and friends attending sports events, working out, riding her bike, playing pickleball and taking in Colorado’s incomparable sunsets.