The short answer to this question is not much, or so it seems.

Part of the reason for this is likely the fact we are still awaiting selection of a new OFCCP Director.  Deputy OFCCP Director Thomas M. Dowd currently continues in the position of Acting Director and we’ve not heard any news regarding DOL Secretary Acosta’s plans for appointment of a new Director.  Of course, that may be due to the Trump Administration’s budget proposal to merge OFCCP into the EEOC.

The White House’s recent Regulatory Agenda for DOL, which contained no regulatory agenda for OFCCP (literally nothing), also indicates OFCCP is in somewhat of a temporary holding pattern during the transition.  Additionally, if OFCCP is to be merged into EEOC, which remains to be seen, it was not evidenced in the regulatory agenda as EEOC did not mention OFCCP in it’s upcoming plans.

Both Tom Dowd and EEOC Commissioner Victoria Lipnic are scheduled to speak at next weeks Industry Liaison Group National Conference in San Antonio, Texas.  Hopefully they will be able to share insights as to the agencies’ focus and agenda.

With that said, it does appear OFCCP is taking this time to focus on assisting contractors.  A couple of recent OFCCP communications suggest OFCCP is reemphasizing technical assistance.  For example, on July 14, OFCCP sent an email – “Contractors Never Have to Pay a Third Party for OFCCP’s EEO Poster” – reminding contractors of the obligation to “prominently post the ‘Equal Employment Opportunity is the Law’ poster…” (and the OFCCP supplement) which are free at OFCCP’s Website.

A week later, OFCCP sent an email touting its Employment Referral Resource Directory (ERRD).  “This free contractor tool lists governmental and non-governmental (not-for-profit) organizations that have agreed to be recruitment and job referral resources for contractors seeking qualified job applicants… OFCCP is inviting more organizations to participate in the ERRD so that we can continue to grow the directory and possibly help even more contractors with their hiring challenges.”

Keep in mind, however, Labor Secretary Acosta has said an OFCCP/EEOC merger would not reduce OFCCP’s enforcement efforts, and there is no reason to believe otherwise.  OFCCP issued Courtesy Scheduling Announcement Letters (CSALs) in February 2017 and audits continue without much change, particularly in the Pacific Region.

Thus, contractors should take advantage of the ERRD and other OFCCP compliance outreach efforts, and not become complacent.  As always, audits are coming and the best way to defend an OFCCP audit is to be prepared.

 

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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.