OFCCP Week in Review: August 7, 2017
The OFCCP Week in Review (WIR) is a simple, fast and direct summary of relevant happenings in the OFCCP regulatory environment, authored by experts John C. Fox, Candee Chambers and Jennifer Polcer. In today’s edition they discuss:
- OFCCP proclaimed, “We are glad to be here!” at 2017 ILG National Conference
- Developing Strategic Alliances with State Workforce Agencies
- Victoria Lipnic Stated an August 31st Deadline
- Breakfast with John C. Fox was a hit, kicked off by, “What does the Fox say?”
- In other news, the Senate confirmed Marvin Kaplan a Member of the NLRB
2017 ILG National Conference: “We are Glad to Be Here,” Proclaimed the OFCCP
|Wednesday of August 2, 2017|
|Tom Dowd’s words from the heart
On Wednesday August 2, Tom–a career employee serving as the Acting OFCCP Director in the absence of a political appointee–kicked off the ILG National Conference with a genuine and heartfelt message. With a soft tone and humble presence, he spoke to the elephants in the room. They are without leadership, their budget is on the chopping block, a merger with the EEOC is a possibility and none of these things are in his control. Wearing his regular accessory of a traditional Bolo Tie, many of which were handed down from relatives, Tom spoke softly to the mission of the OFCCP and the bigger reason of why we all do what we do: Equal Employment Opportunities. That is what we stand for, that is what we want to see. He stressed the very small numbers of actual Complaints, often as few as 4 per year. Federal contractors outnumber the OFCCP 10-fold. The mission is one of self-monitoring and comes come from a place of employers doing the right thing, not because they fear audit, but because it is how they want to run their business.
Tom introduced the directors from all six regions, all of whom were present. He opened the door for dialogue throughout the conference and encouraged attendees not to be afraid to speak up.
It was a well-received speech gaining a standing ovation. It not only set the tone for a great conference, but it also alluded to the possibility that the agency is perhaps shifting towards a partnership focused on transparency and cooperation, rather than opposition and confrontation.
Time will tell.
Debra Carr ‘Talk Story’ Session
hosted a listening session titled “Compliance Assistance.” It was geared to explore and identify the compliance preferences, needs and specific resources most desired by federal contractors. It was lively and interactive, with a great dialogue between Debra and the audience. Points of discussion included:
Finally, there was a very candid discussion on the issue of trust between employers and the OFCCP. Debra said the OFCCP solicited feedback from over 6600 federal contractors on various items and received less than a 3% response. Why? Per the audience…. fear. Some were advised by in-house counsel not to respond. Attendees heard on several occasions throughout the conference that reaching out to the OFCCP for compliance assistance would NOT result in an audit. Still, employers are reluctant to reach out. The solution presented to Debra was to use the Industry Liaison Groups. These are “safe” groups that can speak on behalf of employers across all states and regions. There were over 850 attendees at the National ILG Conference, the groups are alive and well – use them! Debra was very open to this and met with several ILG members after the session to get contact info and seek additional comments on partnership.
Developing Strategic Alliances with State Workforce Agencies
|Wednesday, August 2, 2017|
|“Fostering Change: Developing Strategic Alliances with State Workforce Agencies” was presented at the ILG National Conference by Candee Chambers from DirectEmployers, Pam Gerassimides from NASWA and Chris Liakos from Northrup Grumman.
The team educated the attendees and shared details about the National Labor Exchange (NLx) and highlighted the benefits for employers to reach out to their local CareerOneStops (ESDS’s) to build relationships and to help their organizations fill jobs.
Employers interested in having their open positions included in the NLx daily feed of jobs can contact their state workforce agencies or DirectEmployers to increase their recruiting opportunities free of charge.
The full presentation can be found here.
Victoria Lipnic Stated an August 31st Deadline
|Thursday, August 3, 2017|
|Victoria Lipnic, Acting EEOC Chair, gave the opening day keynote address on day two. Sporting her “fashion forward wristband” from the previous night’s event, Victoria was amusing and straight forward in her address to an audience of upwards of 850. She cut right to the chase, the controversial compensation component of the EEO-1 report. Victoria has been vocal in the past about not supporting this and she informed the crowd that we would know the status of this component before Labor Day, as she too will be going on vacation!
Additional highlights from Vicki included:
What Did the Fox Say?
|Friday, August 4, 2017|
|Breakfast with John C. Fox on the final morning of the conference kicked off with a fun rendition of, “What does a fox say?” and was, true to form–blunt and to the point. “May you live in interesting times,” kicked off his address on the following topics:
In Other News: Senate Confirmed Marvin Kaplan a Member of the NLRB
|Wednesday, August 2, 2017|
|Prior to his confirmation, Kaplan was Chief Counsel of the Occupational Safety and Health Review Commission. Until 2015, he was a Republican staffer for the House Education and Workforce Committee, where he assisted Republicans heavily critical of the NLRB’s actions under former President Barack Obama.
President Trump has also nominated William Emmanuel to be the third Republican Member of the Board. Were Emmanuel to join Kaplan on the Board, he would give the Board a Republican-led majority for the first time since President George W. Bush.
THIS COLUMN IS MEANT TO ASSIST IN A GENERAL UNDERSTANDING OF THE CURRENT LAW AND PRACTICE RELATING TO OFCCP. IT IS NOT TO BE REGARDED AS LEGAL ADVICE. COMPANIES OR INDIVIDUALS WITH PARTICULAR QUESTIONS SHOULD SEEK ADVICE OF COUNSEL. Reminder: If you have specific OFCCP compliance questions and/or concerns or wish to offer suggestions about future topics for the OFCCP Week In Review, please contact your membership representative at (866) 268-6206 (for DirectEmployers Association Members), or email Jennifer at email@example.com with your ideas.