OFCCP Archives - Biddle Consulting Group News

Compensation Analyses and the OFCCP

July 15, 2011 By editor

We’re pleased to announce that Dr. Patrick Nooren, Ph.D., BCG Executive Vice President, will be speaking at the SHRM 2011 Diversity and Inclusion Conference.

Here are the details:

Conference Name: SHRM 2011 Diversity and Inclusion Conference

Dates: October 24-26, 2011

Location: Washington, DC

Title: What You Can Learn From an Ostrich . . . Compensation Analyses and the OFCCP

Description: In the not so distant past, the Office of Federal Contract Compliance Programs (OFCCP) tried, largely unsuccessfully, to investigate compensation discrimination. Today, with over $30,000,000 in additional funding and 200+ new employees, failure is no longer an option. Employers need to realize that investigating compensation disparities is now a primary mandate within the Agency and the days of submitting compensation data with no recourse are over.

This presentation is for practitioners of all levels. Attendees will leave with tools and strategies for preparing their organizations for the eventual compensation review.

Workplace Application: Attendees will leave with an understanding of what their organizations need to do to be proactive with respect to OFCCP compensation investigations.

Recertification /Learning Objectives:

1. Methods for investigating compensation disparities (Title VII/EPA)
2. Understanding OFCCP compensation enforcement
3. Strategies for reducing legal exposure

Proposed Changes to OFCCP Jurisdiction Over TRICARE (Healthcare) Providers

June 29, 2011 By editor

On June 21, 2011, the Senate Armed Services Committee approved a draft of National Defense Authorization Act for 2012 that would effectively end efforts by the Office of Federal Contract Compliance Programs (OFCCP) to extend their jurisdiction to hospitals that accept reimbursement through the TRICARE program.

This action comes in response to the ruling in OFCCP v Florida Hospital of Orlando where the Administrative Law Judge found that TRICARE “in-network” providers were to be considered federal government contractors and subject to Executive Order 11246 requiring an Affirmative Action Plan and allowing oversight by the OFCCP. It is important to note that, contrary to the Senate version, the House of Representatives approved its version of the bill without exemptions for TRICARE providers. If the full Senate approves the draft, the bills would need to be reconciled before a final vote.

Stay tuned to the BCG network of websites, blogs, and webinars for more on this matter.

Changes in the OFCCP Midwest Region

June 20, 2011 By editor

There are two important issues that just came out of the OFCCP’s Midwest Region:

Issue #1:

In a letter distributed to the Chicago ILG by the OFCCP’s Deputy Director, Les Jin made an official announcement that Sandra Ziegler, Chicago’s Regional Director, and Shirley Thomas, Chicago’s Deputy Regional Director will both be leaving their respective offices by the end of June.

In the letter, the Deputy Director also said:

“One of our primary goals in the upcoming months will be to implement a number of organizational and management changes. They will include moving all managers back to the offices they manage, as well as giving each office responsibility for scheduling and handling their own cases. There will be other changes designed to strengthen district offices, although some changes will occur more gradually than others.”

It was also mentioned in the letter that job posting to fill these two vacancies will soon be posted. The OFCCP also intends to hire a new director for the Division of Regional Operations (DORO) and a Planning and Support Director for the region.

Issue #2:

The OFCCP is also recalling all scheduling letters sent from the Midwest Regional Office dated June 3, 2011. If you are one of the contractors who received these letters and have not submitted any materials to the OFCCP yet, you do not have to submit your AAP any longer. However, if you have already submitted your materials in response to the supposed audit, the OFCCP will be returning those materials back to you. The National OFCCP Office will send out official notifications to the contractors for the rescission of June 3, 2011 scheduling letters. Please ensure that you keep these notifications. Please note that this does not exempt any contractor from receiving another audit letter for the same location(s) in the next round of “official” letters that will be sent out.