The “OFCCP Week in Review” is a simple, fast and direct summary of relevant happenings in the OFCCP regulatory environment published every Monday. Here are this week’s developments:
December 8, 2015: OFCCP Releases New FAQ’s on Veterans Infographic. In response to several discussions related to the interpretation of the Veterans Infographic released in August 2015, the OFCCP today released FAQ’s addressing those issues. In the two FAQ’s, they first explained they are not expanding the definition of “Protected Veteran” but instead are clarifying “which veterans are included in each category of protected veteran so veterans will be able to determine, as a practical matter, whether they are protected by VEVRAA.”
Their second FAQ shows that the OFCCP is now interpreting the definition of “Active Duty Wartime or Campaign Badge Recipient” broader than originally defined by VETS. This expanded definition also now includes individuals who served during a “period of war” which under Title 38, includes “…World War II, the Korean conflict, the Vietnam era, and the Persian Gulf War, which is defined as August 2, 1990, to the present…”
Now the big question for federal contractors is whether they need to change their Self-ID forms and their VETS-4212 reporting.
Join DirectEmployers’ webinar on this same topic tomorrow, December 15th, by clicking here to register.
December 9, 2015: OFCCP Files an Administrative Complaint Against AmeriQual Group LLC in Evansville, Indiana. The OFCCP released a press release alleging that AmeriQual Group LLC “segregated its production line workforce” by basing work assignments on gender stereotypes. Women were selected for table inspector jobs, where the larger number of positions were filled while men were selected for loader and utility positions, where fewer positions were filled, although there was a larger male applicant pool. The OFCCP alleges AmeriQual discriminated against 237 male applicants and are seeking back wages as well as job offers for 27 male applicants. AmeriQual is a portable meal manufacturer that produces, packages, assembles and distributes shelf-stable food products to the U.S. Department of Defense, other federal agencies and major food companies. Its products include “Meals Ready to Eat,” known as MREs, used by the armed forces.
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 Candee Chambers at candee@directemployers.org with your ideas.
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