OFCCP Week In Review: February 26, 2018

by | Feb 26, 2018 | Week In Review (WIR)

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:

 

Individuals with Disabilities Breakthrough Into the Workforce

Thursday, February 22, 2018
The Annual Disability Statistics Compendium was released and shows that Americans with disabilities are entering the workforce in unprecedented numbers for the first time. New data from the Institute on Disability at the University of New Hampshire reveals that 343,483 more people with disabilities joined the American workforce in 2016. This compares to only 87,201 in the previous year. Even while Americans with disabilities are entering the workforce in greater numbers, serious gaps in employment exist between different states.

Top 10 States for Workers with Disabilities
State Ranking State Total # of PwDs (Aged 18-64) # of PwDs Employed Total # Jobs Gained + or Lost – Percentage of PwDs Employed
1 ND 43,089 23,286 +4,704 54%
2 SD 51,003 26,323 – 96 51.5%
3 MN 302,274 145,080 +3,823 48%
4 AK 50,330 24,090 +4,139 47.9%
5 NE 112,418 53,323 +3,838 47.4%
6 WY 39,161 18,485 – 3,023 47.2%
7 UT 159,024 74,767 +3,582 47%
8 IA 175,367 80,416 – 2,975 45.9%
9 KS 188,671 84,262 +5,130 44.7%
10 MT 76,169 33,419 +4,459 43.9%

*PwD’s = Persons with Disabilities

Driving success and inclusion are companies including JP Morgan Chase, Pepsi, UPS, SAP, EY, IBM, Starbucks, and Walgreens. These companies have seen that people with disabilities are successful employees who improve businesses’ bottom lines.

Read the full press release here.

 

EEO-1 Report: “Client Site” Confusion Recognized

Thursday, February 22, 2018
As you know, the EEO-1 filing period is currently open, see OFCCP Week in Review: January 22, 2018. If you have started this process, you may be stumped by the new terminology that cites the need to report “Employees working at client sites.” The EEOC has recognized this is a growing population of the workforce and as the reporting logistics of this group are studied further this year, it is up to the Employer to decide where to include them. See page 5 of the “How To Guide.”

The National Industry Liaison Group hosted a webinar with Ms. Benita March of the EEOC who reiterated this. See page eight of her power point presentation here. This year, employers will not be found “non-compliant” if they choose one reporting approach over another with regard to this group of employees who may not have a home base at a company owned or leased establishment.

*Update 6/4/2020: Resources no longer available for public view.

 

Reminder
On March 1, 2018, USCIS must dispose of E-Verify records that are over ten years old – those dated on or before December 31, 2007. E-Verify employers have until February 28, 2018, to download case information from the “Historic Records Report” if they want to retain information about each E-Verify case that will be purged.

USCIS Resources:

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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