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:

 

Tuesday, June 26, 2018: Age Discrimination Employment Act: 50th Anniversary

The Age Discrimination Employment Act (ADEA) was signed into law in December 1967 and took effect 50 years ago this month, in June 1968. The ADEA was an important part of 1960s civil rights legislation that was intended to ensure equal opportunity for older workers. In reflecting on this milestone, the EEOC issued a report on the State of Older Workers and Age Discrimination 50 Years After the Age Discrimination in Employment Act (ADEA).

1967 – 2018 Age of the Workforce

“The workforce of 1967 looked very different than it does today. Men worked most of their careers for one company or in one profession and retired at early ages with pensions.[83] Just over one-third of workers were women.[84] Average life expectancy was 67 for men and 74 for women.[85] Many jobs were physically demanding. Members of the leading edge of the Baby Boom, those born between 1946 and 1964,[86]were just entering the workforce in 1967.

Today’s US labor force has doubled in size,[87] and is older, more diverse, more educated, and more female than it was 50 years ago.[88]

This in-depth report summarizes with some recruitment and hiring strategies, including:

  • Utilizing age-diverse photos, graphics, and content to demonstrate a commitment to attracting a multi-generational workforce on websites and social media.
  • Training recruiters and interviewers to avoid ageist assumptions: i.e., a younger worker is less expensive to hire.
  • Using age-neutral interviewing questions by a standard or structured process.
  • Utilizing an age-diverse interview panel.

 

Wednesday, June 27, 2018: OFCCP to EEOC

The EEOC appointed Brad Anderson as the new District Director of the Birmingham Office. We reported his departure from the OFCCP back in May. Anderson spent 23 years with the OFCCP, serving in three districts and two regions. Carmen Navarro is currently the Acting Regional Director of the Midwest Region.

 

Wednesday, June 27, 2018: Justice Kennedy Announces Retirement

U.S. Supreme Court Justice Anthony Kennedy submitted to the President a formal notification of his decision, effective July 31 of this year, to retire from active status as an Associate Justice.

“It has been the greatest honor and privilege to serve our nation in the federal judiciary for 43 years, 30 of those years on the Supreme Court,” Kennedy stated. He added that while his family was willing for him to continue to serve, his decision to step aside is based on his deep desire to spend more time with them. He said, too, that admiration for his colleagues on the Court means that he will retain warm ties with each of them in the years to come. Kind words and well wishes to both him and his wife from his colleagues on the Supreme Court indicate the depth of his service and impact he has had over the past four decades working in the Judicial Branch.

Justice Kennedy, nominated by President Reagan, took his oath of office on February 18, 1988. He authored landmark decisions that include upholding the rights surrounding abortion, banning the death penalty for juveniles, rights for Guantanamo Bay detainees and recognizing same-sex marriage in all States.

 

Thursday, June 28, 2018: Senate Committee Advances Appropriations Bills: OFCCP Untouched

The Senate Committee on Appropriations advanced the FY2019 Labor, Health and Human Services, and Education (Labor-HHS) Appropriations Act. The committee-approved funding measure contains $179.3 billion, an increase of $2.2 billion above the FY2018 level, in base discretionary funding for the Departments of Labor, Health and Human Services, and Education and Related Agencies. The measure advanced by a vote of 30-1.

The Bill provides the Department of Labor $12.1 billion in discretionary funding, $92 million below FY2018. However, the Senate Labor, Health and Human Services and Education Sub-committee requested $103,476,000 for OFCCP which the full Senate Appropriations Committee thereafter approved and has put forward to the full Senate to consider.

 

July: National Minority Mental Health Awareness Month

In 2008, the U.S. House of Representatives designated July as Bebe Moore Campbell National Minority Mental Health Awareness Month in honor of the leading African American novelist and journalist, who also was a voice for individuals and families affected by mental Illness. She died in 2006 from brain cancer.

Help spread the word through the many awareness, support and advocacy activities.


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 jpolcer@directemployers.org with your ideas.

 

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John C. Fox, Esq. is President and Partner at Fox, Wang & Morgan P.C. where he represents companies and tries cases in state and federal courts throughout the United States. Mr. Fox has extensive trial experience, having spent more than 300 days in trial. Mr. Fox was also lead trial counsel in the first of the six wage-hour class actions known to have been tried in California and was lead trial counsel in what are believed to have been the two largest disability law suits in the United States. He is an across-the-board employment lawyer representing management nationwide. Full Bio »

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