| Government Compliance - Model Conciliation Agreement for Compensation
by Sandra Zeigler, Esq. and Jacquelyn Peterson - Oct, 2013
The Office of Federal Contract Compliance Programs (OFCCP) has a new model conciliation agreement for compensation in the 2013 Federal Contract Compliance Manual (see addendum A to chapter 8). Sandra Scott Zeigler, Esq., a recognized authority on Federal EEO enforcement with 25 years of experience divided equally between the EEOC and OFCCP, highlights the model and shares her perspective on what federal contractors should be a...
OFCCP and Data Transparency
by Sandra Zeigler, Esq. - Nov, 2013
Contractors are expected to scrupulously document their efforts to broaden recruitment, detect discrimination and to prepare for potential OFCCP compliance evaluations. OFCCP should similarly be expected to document and make readily available to the public its enforcement accomplishments. Doing so would be consistent with the pledge of government transparency on which this administration prides itself. It would sensitize contr...
OFCCP's New "Model Conciliation Agreement for Compensation"
by Sandra Zeigler, Esq. - Oct, 2013
Addendum A to Chapter 8 of the revised OFCCP Federal Contract Compliance Manual (FCCM) dated July 2013 is a "Model Conciliation Agreement for Compensation" (hereafter, Model CA). Chapter 8H01 entitled, "Contents of A Conciliation Agreement" discusses the standard text conciliation agreement that has been the template for all OFCCP conciliation agreements for years. There is no discussion in this section of the Model Conciliati...
OFCCP Final Rules: A Step in the Right Direction
by Sandra Zeigler, Esq. - Sep, 2013
The long awaited Section 503 (disability) and Section 4212 (protected veterans) regulations have finally been issued. Much fear and trepidation has been generated in the Federal Contractor community over the last few years over the possible impact of these new rules on the regulated community. Federal Contractors raised significant concerns about the prescriptive nature, the efficacy, and the burden hours of many of the prop...
New OFCCP Directive on Back Pay
by Sandra Zeigler, Esq. - Aug, 2013
On July 17, 2013, the Office of Federal Contract Compliance Programs (OFCCP) issued a new directive on how to calculate back pay for victims of employment discrimination. The Directive serves at least two purposes. First, it memorializes current practices in the calculation of monetary remedies at OFCCP. Second, it resolves some open questions or variations in the approach to the basic calculation of remedies between the Regio...
Obesity and the ADA
by Sandra Zeigler, Esq. - Jul, 2013
Disease vs. Disability On June 18, 2013, the American Medical Association (AMA) voted to classify obesity as a disease. According to all reports, this decision does not, by itself, carry any legal weight. However, it could influence the way obesity is treated in developing public policy on the issue. In fact, public policy has been trending this way for a while. One of the earliest cases discussing obesity and disability...
The Unexpected Race Discrimination Victim
by Sandra Zeigler, Esq. - Jun, 2013
The unexpected victim in OFCCP and EEOC race cases is a white, or as OFCCP likes to call it, a non-minority, victim. The historical reasons for this are well known. The civil rights laws were developed to counteract the societal bias that favors white applicants and/or employees. However, the fact that such cases are rare does not mean they are non-existent. The civil rights laws prohibit discrimination on the basis of ra...
Salary Negotiation as Disparate Impact
by Sandra Zeigler, Esq. - May, 2013
In presentations I have made around the country, I have occasionally raised the question of whether the practice of permitting negotiation of starting salaries is susceptible to challenge under a disparate impact theory. This article explores that question further. Disparate impact occurs when a practice that is fair in form -- because it applies equally to all employees or applicants -- has a disproportionally negative...
by Sandra Zeigler, Esq. - Apr, 2013
The preservation of institutional knowledge can mean the difference between a finding of discrimination and a finding of no violation in an OFCCP audit. Institutional knowledge can tell you how and why a particular situation exists. For example, suppose Jennifer, a widget designer, is among the last hires in a down market 2010. The entire widget designer staff is shortly thereafter subject to a pay freeze and the company inst...
The EEO Implications of Using Arrest and Conviction Records
by Sandra Zeigler, Esq. - Mar, 2013
Both the EEOC and the OFCCP have published updated guidance on the use of arrest and conviction records in the hiring process. On January 29, 2013, the OFCCP issued a policy guidance entitled, "Complying with Nondiscrimination Provisions: Criminal Record Restrictions and Discrimination Based on Race and National Origin." This policy guidance followed and essentially adopted the guidance issued by the Equal Employment Opportuni...
Recruiting Individuals with Disabilities and Protected Veterans
by Sandra Zeigler, Esq. - Feb, 2013
Federal Contractors are required to take affirmative action to employ and advance in employment individuals with disabilities and protected veterans. Effective outreach, recruitment and retention are essential to this effort. As OFCCP has stated repeatedly, it views the successful placement of these targeted groups as the most telling indicator of whether a Federal Contractor has complied with the requirement and made sufficie...
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